PEOPLE v. HARLEY

Ind. No. 1608/12. Appeal No. 12078. Case No. 2016-1985.

187 A.D.3d 549 (2020)

133 N.Y.S.3d 261

2020 NY Slip Op 05823

The People of the State of New York, Respondent, v. Haashim Harley, Appellant.

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

Decided October 15, 2020.


The court providently exercised its discretion in denying, without a hearing, defendant's motion to vacate the judgment on the basis of newly discovered evidence. In the first place, it is undisputed that shortly after defendant's arrest, defense counsel interviewed the witness at issue, who then lived in the same building where the crime occurred and where both defendant and the victim lived. Defendant has not demonstrated that the witness should be considered newly discovered...

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