Legal Opinion · Dissent
People v. Bryant
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 2014PublishedCited by 5 opinions
1DissentLindley, J.
I respectfully dissent. Although I agree with the majority that Supreme Court properly rejected defendant’s claims of actual innocence and ineffective assistance of counsel, I do not agree that defendant is entitled to a new trial based on newly discovered evidence (see CPL 440.10 [1] [g]). According to defendant, the newly discovered evidence is information that he obtained from a witness who submitted an affidavit in which she averred that she saw someone other than defendant commit the shooting (hereafter, first witness). Based on that affidavit, among other evidence, the court granted…
2Cases cited10 opinions
- People v. SalemiNew York Court of Appeals · 1955
- People v. AbrewNew York Court of Appeals · 2000
- People v. MadisonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BrittonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HuertasAppellate Division of the Supreme Court of the State of New York · 2009
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