Legal Opinion

People v. DeBiaso

New York County Courts

Decided May 17, 2005Published

1Opinion of the Court

*455OPINION OF THE COURT

Peter L. Broderick, J.

The defendant has made a motion pursuant to section 440.10 (1) (b), (c), (d), (f) and (h) of the Criminal Procedure Law seeking to have a prior conviction and sentence from 2003 vacated.

Coram nobis, or a CPL article 440 motion, is a motion of last resort. It is a failsafe mechanism devised by the law to enable a defendant to have (if he can convince a judge that his claim may have merit) an opportunity for a review when absolutely no other avenue of review lies — or ever laid — open to him.

Precisely for this reason, the statute makes it the court’s…

2Cases cited21 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. SatterfieldNew York Court of Appeals · 1985
  3. People v. HansenNew York Court of Appeals · 2000
  4. People v. MunizNew York Court of Appeals · 1998
  5. People v. PrescottNew York Court of Appeals · 1985

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API