Ordered that the order is reversed, on the law and as a matter of discretion in the interest of justice, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith, before a different Justice.
Since a motion pursuant to CPL 440.46 "should be granted unless `substantial justice dictates that [it] should be denied'"
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.