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PEOPLE v. DUBOIS

448/14.

182 A.D.3d 518 (2020)

123 N.Y.S.3d 113

2020 NY Slip Op 02544

The People of the State of New York, Respondent, v. Gary DuBois, Appellant.

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

Decided April 30, 2020.

The court properly denied defendant's CPL 440.10 motion. A records custodian's trial testimony about the timing of a text message sent by defendant on the day of the crime was later acknowledged to have been mistaken. However, defendant did not establish that he was therefore entitled to a new trial on any of the grounds cited in his motion. There was no evidence of misconduct by the prosecutor, and, in any event, there was not...

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