People v. Robinson

Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County (Leahy, J.), dated September 7, 1993, which denied, without a hearing, his motion to vacate a judgment of conviction of the same court, rendered April 20, 1989, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the order is affirmed.

The power to vacate a judgment pursuant to CPL article 440 upon the ground of newly discovered evidence, as well as the determination as to whether to hold a hearing…