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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department – People v. Martinez

Fourth Department – People v. Martinez

Appellate Division, Fourth Department Sex Offense Recantation People v. Martinez KA 13-02053 Appealed from Supreme Court, Monroe County Background: Defendant was convicted after a trial of rape 1st degree, involving his daughter. He brought a motion under CPL article 440 to set aside the conviction based on his daughter's later recantation. The trial judge denied the motion without a hearing. Ruling: ...