People v. Tucker

OPINION OF THE COURT

James G. Starkey, J.

Defendant has moved pursuant to CPL 440.10 for an order vacating his conviction by a jury of murder in the second degree, attempted robbery in the first degree and criminal pos*3session of a weapon in the second degree. Defendant’s motion is primarily based upon the recantation of a prosecution witness, Ronald Holloway, who asserted that his trial testimony (that defendant had made a jailhouse confession to him) was untrue, that the prosecutor had told him how to testify falsely as to other details and that his trial testimony had falsely omitted…