People v. Hamilton

OPINION OF THE COURT

Hinds-Radix, J.

The primary issue on this appeal, and an issue of first impression for an appellate court in this state, is whether a defendant’s claim of actual innocence may be recognized as a ground to vacate a judgment of conviction pursuant to CPL 440.10 (1) (h), which authorizes a court to vacate a judgment which was obtained in violation of an accused’s constitutional rights. For the reasons which follow, we hold that a “freestanding” claim of actual innocence is cognizable in New York, and that a defendant who establishes his or her actual innocence by clear and…