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· 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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.