People v. Macon

Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered November 1, 2011, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction rendered June 12, 2002, unanimously affirmed.

The motion court properly found that the claimed new evidence did not create a probability that, if introduced at trial, the verdict would have been more favorable to defendant (see CPL 440.10 [1] [g]). The court conducted a thorough hearing, which included, among other things, the testimony of defendant and his allegedly exculpatory witness, and the record supports the court’s denial…