Appellate Division of the Supreme Court of the State of New York May 9, 2014 (People v. Bryant)

Lindley, J.

(dissenting). I respectfully dissent. Although I agree with the majority that Supreme Court properly rejected defendant’s claims of actual innocence and ineffective assistance of counsel, I do not agree that defendant is entitled to a new trial based on newly discovered evidence (see CPL 440.10 [1] [g]).