The People v. Julio Negron

OPINION OF THE COURT

Chief Judge Lippman.

Defendant has moved to vacate his conviction under CPL 440.10, based upon claims that he received ineffective assistance of counsel at trial and that the People failed to disclose evidence that would have supported a third-party culpability defense. We conclude that defendant’s conviction should be vacated and a new trial ordered.

Defendant was identified as the man who shot another individual in the leg after a brief argument on Woodward Avenue in Queens, but the identification evidence was hardly overwhelming. The episode occurred at about 4:00 a.m. on…