People v. Cintron

—Order, Supreme Court, Bronx County (John Byrne, J.), entered on or about January 22, 2002, which denied defendant’s motion pursuant to CPL 440.10 (1) (g) to vacate, on the ground of newly *152discovered evidence, a judgment of the same court (William Wallace, J.), rendered June 12, 1992, convicting defendant, after a jury trial, of murder in the second degree, unanimously affirmed.

The court properly denied defendant’s CPL 440.10 motion without a hearing (see People v Salemi, 309 NY 208, 215-216 [1955], cert denied 350 US 950 [1956]; People v Bermudez, 243 AD2d 367 [1997], lv denied 92 NY2d 847…