Ordered that the order is affirmed.
The defendant's motion to vacate his judgment of conviction pursuant to CPL 440.10 (1) (g) is based primarily on a statement from a fellow inmate, recanting a prior statement to police inculpating the defendant. Not only was the statement unsworn (see CPL 440.30 [4] [b]), but it was prepared more than 10 years after the defendant's conviction, and after the inmate moved to the same prison in which the defendant was incarcerated...
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