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PEOPLE v. JENKINS

2009-09120, 2009-11760, 2009-11761

84 A.D.3d 1403 (2011)

923 N.Y.S.2d 706

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC JENKINS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 31, 2011.

Ordered that the order dated August 10, 2009, is affirmed; and it is further,

Ordered that the order dated September 18, 2009, is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Queens County, before a different Justice, for a hearing and a new determination thereafter on those branches of the defendant's motion pursuant to CPL 440.10 which were to vacate the judgment based upon the alleged recantation of testimony of...

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