· 11/10/2020
Matter of Board of Mgrs. of the Liberty View Condominium v. New York City Dept. of Fin.
Citations
- 2020 NY Slip Op 06381
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that counsel’s failure to adequately investigate and impeach a State’s witness “deprived the jury of the ability to make a fully informed decision about [the witness’s] credibility”
- explaining that claims of improper argument should be raised on direct appeal and cannot form the basis for postconviction proceedings
- \[T]he court must accept the movant's factual allegations as true to the extent that they are not refuted by the record.\
- “When reviewing the summary denial of a claim raised in a rule 3.850 motion, the court must accept the movant’s factual allegations as true to the extent that they are not refuted by the record.”
- “Generally, a defendant is entitled to an evidentiary hearing on a rule 3.850 motion unless . . . the motion, files, and records in the case conclusively demonstrate that the movant is entitled to no relief . . . .” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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