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PEOPLE v. DAVID BROOKS

Friday, February 22, 2002

Supreme Court
Queens County

CRIMINAL TERM, PART K-2

Justice Rosenzweig
PEOPLE v. DAVID BROOKS " By pro se motion dated September 20, 2001, the defendant David Brooks moves inter alia for an Order of th.....

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Friday, February 22, 2002

Supreme Court

Queens County

CRIMINAL TERM, PART K-2

Justice Rosenzweig
PEOPLE v. DAVID BROOKS ” By pro se motion dated September 20, 2001, the defendant David Brooks moves inter alia for an Order of this Court permitting him to proceed as a poor person on a pro se CPL?§440 motion filed herewith, in which he seeks vacatur of judgment of conviction pursuant to Criminal Procedure Law ?§440.10(1) (d) and (h). The motion to proceed as a poor person is granted only to the extent that this Court will entertain the defendant’s pro se CPL?§440 motion.
In support of this CPL?§440 motion to vacate, the defendant advances the following arguments: (1) that his conviction was obtained in violation of his constitutional right to effective assistance of counsel, and (2) that the Prosecutor introduced important “material” evidence that was obtained in violation of his constitutional rights under the United States and New York State Constitutions. By supplemental motion dated November 14, 2001, the defendant further contends that his judgment should be vacated pursuant to CPL?§440.10 (1)(g) inasmuch as he has uncovered “new evidence” since the trial and his failure to have this “new evidence” at time of trial prejudiced his defense. In the alternative, the defendant requests an Order for a hearing to determine the issues hereunder. By Responses dated November 14, 2001 and January 25, 2002, the People oppose this motion in its entirety.

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