People v. Rodriguez

— Order, Supreme Court, Bronx County (Cohen, J.), entered March 12,1981 denying, without an evidentiary hearing, defendants’ motion to vacate a judgment of conviction rendered October 23, 1975, on the ground of newly discovered evidence, is unanimously reversed, as a matter of discretion in the interest of justice, and the matter is remanded to Trial Term to hold an evidentiary hearing with respect to said motion, and for further proceedings consistent therewith. In 1975 defendants were convicted, after a nonjury trial, before Drohan, J., of the crimes of kidnapping in the first degree (Penal…