Legal Opinion

People v. White

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

Decided February 6, 2015PublishedCited by 8 opinions

1Opinion of the Court

Appeal from an order of the Erie County Court (Sheila A. DiTullio, J.), dated March 17, 2014. The order granted the motion of defendant to vacate a judgment of conviction and ordered a new trial.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: The People appeal from an order granting defendant’s motion pursuant to CPL 440.10 (1) (g) to vacate the judgment convicting him, following a nonjury trial in 2006, of rape in the first degree (Penal Law § 130.35 [1]) and sexual abuse in the first degree (§ 130.65 [1]) based on newly discovered evidence. At trial,…

2Cases cited5 opinions

  1. People v. SalemiNew York Court of Appeals · 1955
  2. People v. PughAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. HicksAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by8 opinions

  1. People v. BaileyAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. BackusAppellate Division of the Supreme Court of the State of New York · 2015
  3. BACKUS, CODY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
  4. BAILEY, RENE SUSAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. BackusAppellate Division of the Supreme Court of the State of New York · 2015

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