Opinion
February 23, 1998
Appeal from the Supreme Court, Queens County (Rosenweig, J.).
Ordered that the judgement is affirmed.
The defendant's motion pursuant to CPL 330.30 to vacate the judgment was properly denied. It is well settled that "[t]here is no form of proof so unreliable as recanting testimony" ( People v. Shilitano, 218 N.Y. 161, 170). Under the circumstances of this case, where the defendant made a statement which positively identified him as the individual who relieved the complainant of his jewelry at gunpoint, the complainant's recantation would probably not change the result if a new trial were granted, and the court properly denied the defendant's motion without a hearing ( see, People v. Turner, 215 A.D.2d 703; People v. Rodriguez, 201 A.D.2d 683; People v. Donald, 107 A.D.2d 818).
The defendant's remaining contentions are without merit.
Thompson, J.P., Joy, Florio and Luciano, JJ., concur.