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PEOPLE v. KRIVOY

2014-04288, Ind. No. 1634/06.

135 A.D.3d 876 (2016)

22 N.Y.S.3d 889

2016 NY Slip Op 00381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARAT KRIVOY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 20, 2016.

Ordered that the order is affirmed insofar as appealed from.

The Supreme Court properly denied, without a hearing, the defendant's motion pursuant to CPL 440.10 to vacate the judgment on the ground that the prosecution committed a Brady violation (see Brady v Maryland, 373 U.S. 83 [1963]) by failing to disclose a statement of the defendant's former wife. Based upon the parties' submissions in support of and in opposition...

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