· 2/2/2024
People v. Valerio-Lacen
Citations
- 202 N.Y.S.3d 874
- 2024 NY Slip Op 00579
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[i]f the court finds that the recantation is false, it need not order a new trial” and remanding the case for the district court to make a credibility finding, which it had not
- when suggestion of juror bias is not frivolous, the court should make “an adequate inquiry” into whether the bias existed and whether it was prejudicial
- where the witness himself files an affidavit averring that his trial testimony was false, the trial court must at least decide if the recantation is to be believed
- where the witness himself files an affidavit averring that his trial testimony was false, the trial court must at least decide if the recantation is to be believed
- adopting Berry test and setting forth its five requirements
- “recanted testimony is properly viewed with suspicion.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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.