People v. Tankleff
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.P.
On the instant appeal, the primary issue presented is whether the County Court erroneously denied, after a hearing, the defendant’s motion pursuant to CPL 440.10 (1) (g) and (h) to vacate two judgments of the same court, both rendered October 23, 1990, convicting him of murder in the second degree (two counts; one count as to each indictment), upon jury verdicts. For the reasons that follow, we grant that branch of the defendant’s motion pursuant to CPL 440.10 (1) (g) which was to vacate the judgments based upon newly-discovered evidence, vacate the judgments…
2Cases cited29 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Oregon v. ElstadSupreme Court of the United States · 1985
- Martin H. Tankleff v. D.A. Senkowski, Superintendent of Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1998
- People v. SalemiNew York Court of Appeals · 1955
- People v. ConaNew York Court of Appeals · 1979
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3Cited by48 opinions
- McKithen v. BrownCourt of Appeals for the Second Circuit · 2010
- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ThibodeauNew York Court of Appeals · 2018
- People v. MazyckAppellate Division of the Supreme Court of the State of New York · 2014
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