People v. Qualls

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the matter remitted to the trial court for a hearing on defendant’s motion to vacate his judgment of conviction.

Defendant’s conviction by jury for murder in the second degree and criminal possession of a weapon in the second degree having been affirmed (People v Qualls, 55 NY2d 733), defendant moved pursuant to CPL 440.10 to set aside the judgment of conviction on the ground of prosecutorial misconduct. Specifically, defendant argued that the District Attorney knowingly used perjured testimony and failed…