PEOPLE v. BERMUDEZ

The trial court's denial, without a hearing, of defendant's motion to vacate the judgment on grounds of newly discovered evidence and various alleged police and prosecutorial improprieties was proper. The motion was based entirely on the affidavits of recanting witnesses, which the court properly rejected, relying on the inherent unreliability of recantations ( People v. Shilitano, 218 N.Y. 161, 170), as well as the highly suspicious circumstances, viewed in context of events at the trial, under which these recantations occurred. Since the affidavits are unworthy of belief, we reject each of defendant's various claims that rely upon facts asserted therein ( see, People v. Dukes, 106 A.D.2d 906, lv denied 64 N.Y.2d 1018).

The challenged portions of the prosecutor's summation were not improper.

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Tom, Mazzarelli and Andrias, JJ.