People v. Crimmins

Chief Judge Breitel

Defendant has twice been convicted, after jury trials, of manslaughter in the first degree for killing her daughter. She was sentenced from 5 to 20 years’ imprisonment.

On this appeal, defendant contends that she was wrongfully *409denied a hearing by the Supreme Court on her motion to vacate judgment. The Appellate Division affirmed.

The critical issue is whether the denial, without a hearing, of defendant’s motion to vacdte judgment upon the ground of newly discovered evidence may be reviewed by this court. The dissenter’s challenge that there has been a denial of justice makes…