Appellate Division of the Supreme Court of the State of New York September 27, 2016, 1741 10641/90 (People v. Hincapie)

Order, Supreme Court, New York County (Eduardo Padró, J.), entered on or about October 6, 2015, which granted defendant’s CPL 440.10 motion to vacate a judgment conviction of conviction rendered January 3, 1992, and ordered a new trial, unanimously affirmed.

The court properly exercised its discretion in granting defendant’s motion to vacate his conviction based on newly discovered evidence.