People v. Rodriguez

*177OPINION OF THE COURT

Edward M. Davidowitz, J.

Defendant moves, pursuant to CPL 440.10 (1) (g), (h), for an order vacating his judgment of conviction, upon a plea of guilty, and for a new trial, or, in the alternative, for a hearing upon this motion, on the ground that newly discovered evidence established that a lineup procedure conducted on January 29, 1993 in connection with indictment No. 1221/93 was unduly suggestive and violated his constitutional right to due process.

Defendant submitted an affidavit from Burnard Mitchell, an inmate at the Elmira Correctional Facility, where they are…