Applying newly established standards for vacating a conviction through a CPL 440 motion in the Second Department, a judge reviewed a defendant’s motion for exoneration based on actual innocence and found it wanting.
Westchester County Court Judge David Zuckerman (See Profile) wrote from White Plains in People v. Irizarry, 09-0052, that defendant Christopher Irizarry’s motion relied primarily on testimony from another man, Jason Brown, who said he committed the 1997 robbery for which Irizarry was convicted and has been serving a 20-year sentence for since 1999.
