Appellate Division of the Supreme Court of New York· 1/15/2014

People v. Hamilton

Citations

115 A.D.3d 12
979 N.Y.S.2d 97

How courts have described this case

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

holding'that a “freestanding claim of actual innocehce may be addressed pursuant to CPL 440.10(l)(h)” if a defendant can show actual innocence by “clear and convincing” standard
“At the [innocence] hearing, all reliable evidence, including evidence not admissible at the trial based upon a procedural bar . . . should be admitted.”
“New York is one of the minority of states which have no time limit for a motion to set aside a judgment of conviction based upon newly discovered evidence.”
“[A] freestanding claim of actual innocence may be addressed pursuant to CPL 440.10(1)(h), which provides for vacating a judgment which was obtained in violation of an accused’s constitutional rights.”
a freestanding claim of actual innocence is a cognizable ground to vacate a judgment of conviction pursuant to CPL 440.10 (1) (h); standard is clear and convincing evidence that, inter alia, was discovered after trial

Source: CourtListener parenthetical corpus (CC0).

Judges: Austin, Dillon, Hinds, Leventhal, Radix

Read full opinion on CourtListener

Cited by

63 cases in this archive cite this case; the 20 most cited are listed.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named People v. Hamilton

267 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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