Legal Opinion
The People v. Gary Wright
New York Court of Appeals
Decided June 9, 2016No. 88PublishedCited by 60 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge DiFiore.
The issue presented by this appeal is whether it was an abuse of discretion to deny defendant’s CPL 440.10 motion to vacate his judgment of conviction without a hearing. We hold that the courts below were within their discretion to summarily deny the motion because defendant’s papers failed to substantiate the allegations that there was an actual conflict of interest or that any potential conflict operated on the defense.
In September 2008, defendant was charged with attempted rape and was arraigned in local court. At that time, he was represented by the…
2Cases cited13 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. GrudenNew York Court of Appeals · 1977
- People v. OrtizNew York Court of Appeals · 1990
- People v. ShinkleNew York Court of Appeals · 1980
- People v. McDonaldNew York Court of Appeals · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- People v. ThibodeauNew York Court of Appeals · 2018
- People v. GilmoreAppellate Division of the Supreme Court of the State of New York · 2021
- People v. FishAppellate Division of the Supreme Court of the State of New York · 2022
- People v. SpradlinAppellate Division of the Supreme Court of the State of New York · 2020
- People v. HatcherAppellate Division of the Supreme Court of the State of New York · 2022
55 more not listed; retrieve them via the Exa API.