Legal Opinion

People v. McKenzie

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 2004PublishedCited by 22 opinions

1Opinion of the Court

Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Feldman, J.), entered July 12, 2002, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered May 19, 1997, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the order is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for an evidentiary hearing on the motion and a new determination.

The defendant, Derek McKenzie, is a native of Grenada who lawfully…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. People v. MendozaNew York Court of Appeals · 1993
  4. People v. McDonaldNew York Court of Appeals · 2003
  5. United States v. Ivania Maria Couto, Also Known as Sealed Dft 35Court of Appeals for the Second Circuit · 2002

3Cited by22 opinions

  1. People v. SoodooAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. BunnAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. ArguetaAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. MarshallAppellate Division of the Supreme Court of the State of New York · 2009

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