People v. Santiago

Order unanimously affirmed. Memorandum: County Court properly denied without a hearing that part of defendant’s motion seeking to vacate the judgment of conviction on the ground of newly discovered evidence (see, CPL 440.10 [1] [g]), consisting of an affidavit of a prosecution witness recanting her trial testimony (see, People v Dukes, 106 AD2d 906, 907; see also, People v Jackson, 238 AD2d 877, 878, lv denied 90 NY2d 859). The court also properly denied that part of defendant’s motion seeking to vacate the judgment of conviction on the ground that the trial testimony of the recanting…