PEOPLE v. LEWIS

4382/09, 5747/09, 15935.

139 A.D.3d 571 (2016)

31 N.Y.S.3d 502

2016 NY Slip Op 03989

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIL LEWIS, Appellant.

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

Decided May 24, 2016.


Initially, we note that defendant's claims generally stem from an alleged inconsistency between a detective's hearing and trial testimony, and that all of this testimony was part of the record of defendant's 2004 appeal. In any event, assuming for the sake of argument that defendant's claims could not have been fully raised on direct appeal (see CPL 440.10 [2] [c]), the court properly exercised its discretion in denying his motion on the ground that on his prior 440...

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