People v. Pitts

OPINION OF THE COURT

Patrick J. McGrath, J.

The defendant seeks to vacate his judgment of conviction pursuant to CPL 440.10 (1) (h). The People have opposed the motion.

Factual Background

At trial, eyewitness accounts established that the defendant retrieved a gun from his residence and fired four to five times at close range at the decedent who sat alone in his car. The forensic examiner testified that the victim had been hit with four bullets and that one killed him. Defendant’s statement was received as evidence, in which he admitted the shooting, but claimed that he acted in self-defense…