People v. Brown

OPINION OF THE COURT

Wachtler, J.

The question presented on this appeal is whether the courts below properly denied defendant’s motion to vacate a judgment of conviction, grounded on claims of prosecutorial misconduct, without initially conducting an evidentiary hearing. We hold that the facts of this case do not demonstrate that the lower courts abused their discretion as a matter of law and therefore affirm the denial of the motion to vacate.

Defendant was indicted for soliciting and conspiring with Vito Finetti, Vincent Pastore, Eric Teen and Joseph Medina to murder the defendant’s business…