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PEOPLE v. HOLGUIN

Ind. No. 6135/03. Appeal No. 175. Case No. 2022-01468.

216 A.D.3d 436 (2023)

188 N.Y.S.3d 49

2023 NY Slip Op 02391

The People of the State of New York, Respondent, v. Gustavo Holguin, Appellant.

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

Decided May 4, 2023.

Attorney(s) appearing for the Case

Edelstein & Grossman, New York ( Jonathan I. Edelstein of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Emily N. Gault of counsel), for respondent.

Concur—Webber, J.P., Gesmer, González, Scarpulla, Mendez, JJ.

Order, Supreme Court, New York County (Thomas Farber, J.), entered on or about November 8, 2019, which denied defendant's CPL 440.10 motion to vacate a judgment of conviction rendered March 7, 2006, unanimously affirmed.

The court providently exercised its discretion in denying the branch of the motion claiming newly discovered evidence. Defendant failed to establish that he made his motion "with due diligence after the...

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