People v. Dukes

Order unanimously affirmed. Memorandum: Defendant urges that County Court erred in denying without a hearing his CPL 440.10 motion to vacate his 1977 conviction for robbery, first degree, arising from the armed robbery of a dry cleaners. He offered in support of his motion an affidavit made in 1982 by one Cosby, a prosecution witness whose trial testimony had placed defendant at the scene of the crime and who had prior to trial identified defendant from a photographic array. In the affidavit Cosby stated that his prior testimony had been false and that he had selected defendant’s photo not…