People v. Hamilton
Appellate Division of the Supreme Court of the State of New York
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
- Jackson v. VirginiaSupreme Court of the United States · 1979
- People v. ContesNew York Court of Appeals · 1983
- Schlup v. DeloSupreme Court of the United States · 1995
- Bousley v. United StatesSupreme Court of the United States · 1998
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
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3Cited by78 opinions
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