Canzio v. Kennedy

— Petition unanimously denied, without costs. Memorandum: Petitioner was convicted of the murder of Ernest White and his conviction was affirmed on appeal {People v De Canzio, 53 AD2d 1065, application for lv to app den 40 NY2d 849). Subsequently, the judgment was vacated on the basis of newly discovered evidence (CPL 440.1.0, subd 1, par [g]). The evidence which led to the vacatur was the recantation of the testimony of the prosecution’s witness, Charles Monachino. At the proceeding pursuant to CPL 440.10, Monachino testified that he had participated in planning the White murder. Therefore,…