OPINION OF THE COURT
MARCY L. KAHN, J.
By notice of motion dated September 5, 2006, defendant Charles Watson has moved pursuant to Criminal Procedure Law § 440.10 (1) (h) to vacate the judgment of conviction entered against him under indictment No. 7715/90. On November 17, 2006, the People submitted their response in opposition to the motion. On December 22, 2006, this court orally denied the motion. This written decision explains that ruling.
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