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PEOPLE v. MACON

15050, 4332/00

129 A.D.3d 484 (2015)

11 N.Y.S.3d 134

2015 NY Slip Op 04917

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARNELL MACON, Appellant.

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

Decided June 11, 2015.

Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered November 1, 2011, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered June 12, 2002, unanimously affirmed.

[Prior Case History: 33 Misc.3d 1216(A), 2011 NY Slip Op 51945(U).]

The motion court properly found that the claimed new evidence did not create a probability that, if introduced at trial, the...

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