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PEOPLE v. MALLET

8147. 7180/96.

168 A.D.3d 542 (2019)

90 N.Y.S.3d 522

2019 NY Slip Op 00376

The People of the State of New York, Respondent, v. Antonio Mallet, Appellant.

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

Decided January 22, 2019.

The court providently exercised its discretion in denying defendant's motion to vacate his conviction based on newly discovered evidence or actual innocence. Both claims failed because they were not supported by any sworn, nonhearsay allegations by the source of the proffered new evidence, who was the sole eyewitness who testified at trial (see People v Jimenez, 142 A.D.3d 149, 156 [1st Dept 2016]; see also CPL 440.30 [1]...

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