People v. Potter

—Order unanimously reversed on the law, motion granted, judgment vacated and new trial granted. Memorandum: Defendant appeals from an order that denied his CPL article 440 motion to vacate the judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]). Defendant contends that reversal is required based on the People’s failure to turn over tape-recorded conversations between a prosecution witness and accomplices to the crime, as well as written statements by that prosecution witness. Defendant previously appealed from a judgment convicting him of a…