People v. Staton

—Order unanimously reversed on the law and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: Defendant contends that County Court erred in denying without a hearing his motion to vacate a conviction pursuant to CPL 440.10. We agree. The proffered testimony of the codefendant, who did not testify at trial and now seeks to exculpate defendant, constitutes newly discovered evidence within the meaning of CPL 440.10 (g) (see, People v Beach, 186 AD2d 935). Because that evidence was not "conclusively refuted by unquestionable documentary…