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PEOPLE v. HINCAPIE

1741, 10641/90.

142 A.D.3d 886 (2016)

38 N.Y.S.3d 137

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHNNY HINCAPIE, Respondent.

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

Decided September 27, 2016.

The court properly exercised its discretion in granting defendant's motion to vacate his conviction based on newly discovered evidence. Even if, as the People argue, defendant failed to satisfy the requirement of due diligence as to two of the three witnesses he called to testify on his behalf at his CPL 440.10 hearing (see People v Feliciano, 240 A.D.2d 256 [1st Dept 1997], lv denied 90 N.Y.2d 1011 [1997]), due diligence...

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