People v. Hincapie

Order, Supreme Court, New York County (Eduardo Padró, J.), entered on or about October 6, 2015, which granted defendant’s CPL 440.10 motion to vacate a judgment conviction of conviction rendered January 3, 1992, and ordered a new trial, unanimously affirmed.

The court properly exercised its discretion in granting defendant’s motion to vacate his conviction based on newly discovered evidence. Even if, as the People argue, defendant failed to satisfy the requirement of due diligence as to two of the three witnesses he called to testify on his behalf at his CPL 440.10 hearing (see People v…