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PEOPLE v. ROSALES

9903, 11977/88.

175 A.D.3d 1184 (2019)

109 N.Y.S.3d 273

2019 NY Slip Op 06699

The People of the State of New York, Respondent, v. Luis Rosales, Appellant.

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

September 24, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Molly Schindler of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Noreen M. Stackhouse of counsel), for respondent.

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

The Supreme Court providently exercised its discretion in denying, without a hearing, defendant's motion to vacate his 1991 murder 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]).

In 2017, defendant submitted an affidavit from...

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