Legal Opinion

People v. Garrett

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

Decided May 15, 2013Published

1Opinion of the Court

Appeal by the defendant, by permission, from an order of the County Court, Suffolk County (Hudson, J.), dated March 31, 2010, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the Supreme Court, Suffolk County (Copertino, J.), rendered June 13, 2000, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the order is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for a hearing in accordance herewith and a new determination of the defendant’s motion…

2Cases cited16 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. Strickler v. GreeneSupreme Court of the United States · 1999
  5. People v. GissendannerNew York Court of Appeals · 1979

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