People v. Hawkins

Weston, J.P.

(dissenting and voting to affirm the order in the following memorandum). I agree with the majority that since defendant’s motion was based on matters outside the record, it was not proper for the court to set aside the verdict pursuant to CEL 330.30 (1) (see People v Wolf, 98 NY2d 105 [2002]). Nevertheless, in the interest of judicial economy, I would treat defendant’s motion as a motion to vacate the conviction pursuant to CEL 440.10 and grant leave to appeal from the order denying the motion. Upon doing so, I would affirm.

Although the majority opines that a CEL 440.10 motion…