New York Supreme Court May 13, 2009 (People v. Pitts)

OPINION OF THE COURT

Patrick J. McGrath, J.

The defendant seeks to vacate his judgment of conviction pursuant to CPL 440.10 (1) (h). The People have opposed the motion.

Factual Background

At trial, eyewitness accounts established that the defendant retrieved a gun from his residence and fired four to five times at close range at the decedent who sat alone in his car.