Legal Opinion
People v. DeVito
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2001PublishedCited by 6 opinions
1Opinion of the Court
—Orders, Supreme Court, New York County (Joan Sudolnik, J., and Bonnie Wittner, J.), dated July 3, 2000 and August 2, 2000, respectively, denying defendants’ motions made pursuant to CPL 440.10 to, inter alia, vacate their judgments of conviction, unanimously affirmed.
Both motion courts properly concluded that the affidavits from two recently retired supervisory police officers submitted by defendants did not constitute newly discovered evidence within the meaning of CPL 440.10 (1) (g), and that, in any event, they would not have changed the verdict, or the result of the hearings held…
2Cases cited5 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- People v. FeerickNew York Court of Appeals · 1999
- People v. FeerickAppellate Division of the Supreme Court of the State of New York · 1998
- People v. LoomisAppellate Division of the Supreme Court of the State of New York · 1998
- People v. FeerickAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
- People v. JimenezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. VelazquezAppellate Division of the Supreme Court of the State of New York · 2016
- Devito v. New YorkSupreme Court of the United States · 2002
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 2024
- People v. JimenezAppellate Division of the Supreme Court of the State of New York · 2016
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