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PEOPLE v. CORBY

10599. 9256/98.

178 A.D.3d 550 (2019)

2019 NY Slip Op 09089

The People of the State of New York, Respondent, v. Norcott Corby, Appellant.

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

Decided December 19, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Alan S. Axelrod of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Sylvia Wertheimer of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Kapnick, González, JJ.

The court properly exercised its discretion in denying defendant's motion without holding a hearing (see People v Samandarov, 13 N.Y.3d 433, 439-440 [2009]). Defendant has not established that the allegedly exculpatory information that he claims should have been disclosed under Brady v Maryland (373 U.S. 83 [1963]) ever existed, nor has he provided a sufficient evidentiary basis to warrant a...

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