People v. Branch

*934OPINION OF THE COURT

James G. Starkey, J.

Defendant has moved pursuant to CPL 440.10 (1) (g) and (h) for an order vacating a judgment, convicting defendant of murder in the second degree and related crimes, entered after a jury trial on May 21, 1990. The convictions were affirmed by the Appellate Division on March 15, 1993 (People v Branch, 191 AD2d 576 [2d Dept 1993]) and by the Court of Appeals on May 12, 1994 (People v Branch, 83 NY2d 663 [1994]).

Defendant urges that a videotaped statement of defendant’s brother in which the brother admits his involvement and exculpates defendant constitutes…