Simmons v. Berger

How courts have described this case

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

• having unjustifiably failed to raise argument on appeal, defendant could not raise argument on collateral review
• defendant who successfully pursues a claim under Section 440.10 must nevertheless raise it on direct appeal where factual record for review is adequate or risk dismissal under 440.10(2)
• “For purposes of the present proceeding it is sufficient to note that dismissal of a CPL § 440.10 motion is mandated by paragraphs (b) and (c) of subdivision (2) of that section when: ‘(b
• “For purposes of the present proceeding it is sufficient to note that dismissal of a CPL § 440.10 motion is mandated by paragraphs (b) and (c) of subdivision (2) of that section when: ‘(b
• “The purpose of those provisions is to prevent CPL 440.10 from being employed as a substitute for direct appeal when defendant was in a position to raise an issue on appeal ... or could readily have raised it on appeal but failed to do so[.]”

Source: CourtListener parenthetical corpus (CC0).