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· 1/23/2020

Matter of Clark v. Venettozzi

Citations

  • 179 A.D.3d 1376
  • 116 N.Y.S.3d 797
  • 2020 NY Slip Op 472

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • must have newly presented evidence of such nature that, had it been 12 presented at trial, it is more likely than not that no reasonable juror would have found the 13 petitioner guilty
  • in assessing new evidence for purposes of a gateway actual innocence claim, court found declaration of petitioner’s friend, claiming that petitioner was not at party where shooting occurred, to be less credible than a declaration from an uninterested person

Source: CourtListener parenthetical corpus (CC0).

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