Legal Opinion

People v. Payton

New York Court of Appeals

Decided December 12, 2013PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by remitting the case to County Court for a hearing on defendant’s CPL 440.10 motion and, as so modified, affirmed.

On April 6, 2007, defendant Wendell Payton was arrested and charged with one count of second-degree robbery (Penal Law § 160.10). About two weeks before defendant’s trial, the district attorney’s office executed a search warrant on defense counsel’s law office. This development was not disclosed to defendant, County Court or the assistant district attorney prosecuting the People’s case. On…

2Cases cited6 opinions

  1. People v. GombergNew York Court of Appeals · 1975
  2. People v. HarrisNew York Court of Appeals · 2002
  3. People v. OrtizNew York Court of Appeals · 1990
  4. People v. McDonaldNew York Court of Appeals · 1986
  5. People v. KonstantinidesNew York Court of Appeals · 2009

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

3Cited by12 opinions

  1. People v. HatcherAppellate Division of the Supreme Court of the State of New York · 2022
  2. People v. WrightAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. EllisAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. HartleAppellate Division of the Supreme Court of the State of New York · 2021

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

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