People v. Gates

Appeal, by permission, from an order of the County Court of Columbia County (Leaman, J.), entered January 20, 1992, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of the crime of conspiracy in the second degree, without a hearing.

County Court did not err in denying defendant’s CPL 440.10 motion without a hearing. Defendant contends that his motion should be granted on the basis of newly discovered evidence of prosecutorial misconduct in failing to disclose what he characterizes as exculpatory material. Much of the evidence upon which defendant…