Legal Opinion

People v. Hamilton

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

Decided January 15, 2014PublishedCited by 78 opinions

1Opinion of the Court

OPINION OF THE COURT

Hinds-Radix, J.

The primary issue on this appeal, and an issue of first impression for an appellate court in this state, is whether a defendant’s claim of actual innocence may be recognized as a ground to vacate a judgment of conviction pursuant to CPL 440.10 (1) (h), which authorizes a court to vacate a judgment which was obtained in violation of an accused’s constitutional rights. For the reasons which follow, we hold that a “freestanding” claim of actual innocence is cognizable in New York, and that a defendant who establishes his or her actual innocence by clear and…

2Cases cited42 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. People v. ContesNew York Court of Appeals · 1983
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Bousley v. United StatesSupreme Court of the United States · 1998
  5. McQuiggin v. PerkinsSupreme Court of the United States · 2013

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3Cited by78 opinions

  1. 106454 People v. LarockAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. TigerNew York Court of Appeals · 2018
  3. People v. CaldavadoNew York Court of Appeals · 2015
  4. People v. ConwayAppellate Division of the Supreme Court of the State of New York · 2014
  5. Cosey v. LilleyCourt of Appeals for the Second Circuit · 2023

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

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