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People v. Quiles

Defendant Denied Vacatur of Judgment of Conviction for Burglary as Challenges Meritless

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*1  The defendant moves pursuant to Criminal Procedure Law §440.10 for an Order vacating his judgment of conviction. The People oppose the motion. The motion is procedurally defective and substantively without merit. On June 13, 2007, the defendant was convicted following a jury trial of Burglary in the Second Degree, Petit Larceny, and Criminal Possession of Stolen Property in the Fifth Degree. On August 31, 2007, the defendant was sentenced as a persistent violent offender to an indeterminate term of eighteen years to life imprisonment. The defendant filed a notice of appeal. The People represent that the appeal has not yet been perfected.In support of his motion the defendant claims: (1) there was insufficient evidence to sustain his Burglary in the Second Degree conviction; (2) his conviction was procured by duress, misrepresentation, and fraud due to prosecutorial misconduct, the false testimony of witnesses, and an improper in-court identification; (3) the court erred in charging the jury; (4) the court improperly allowed the introduction of evidence seized as the product of an illegal arrest; (5) the prosecutor excluded potential jurors on the basis of

*2

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