Manhattan District Attorney Cyrus Vance Jr. has announced his office will not move to retry a man who spent 25 years in prison for the 1990 slaying of a tourist on a subway platform and whose conviction was tossed out on the basis of new evidence.

But Vance did not conclude that Johnny Hincapie, now 44, is innocent of second-degree murder and second-degree robbery charges for allegedly taking part in an armed attack on tourist Brian Watkins and his family at the Seventh Avenue-53rd Street subway station that resulted in Watkins getting stabbed to death.