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PEOPLE v. JENKINS

9894, 6606/03.

175 A.D.3d 1177 (2019)

109 N.Y.S.3d 279

2019 NY Slip Op 06690

The People of the State of New York, Respondent, v. Kyle Jenkins, Appellant.

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

Decided September 24, 2019.

Attorney(s) appearing for the Case

Law Office of Richard M. Weinstein, New York ( Richard M. Weinstein of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( R. Jeannie Campbell-Urban of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Webber, Moulton, JJ.

The motion court providently exercised its discretion in denying defendant's motion to vacate his conviction on the basis of newly discovered evidence. "[W]hether a defendant is entitled to a hearing on a CPL 440.10 motion is a discretionary determination" (People v Jones, 24 N.Y.3d 623, 635 [2014]). The motion was not made with due diligence, because it was filed years after the discovery...

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