Legal Opinion

People v. Vigilante

New York Supreme Court

Decided January 17, 1992PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Ronald Aiello, J.

The defendant moves, pursuant to CPL 440.10, for an order vacating the judgment of conviction and for such other relief as this court deems just and proper.

On December 18, 1982, at approximately 7:15 p.m., the defendant shot Howard Rosenberg six times at close range, inside of his home at 927 East 87th Street in Brooklyn. After leaving his home, the victim made his way out to East 87th Street. Shortly thereafter, the victim made an excited utterance to a paramedic by the name of Thomas Schmelk, identifying the defendant as his assailant. Rosenberg said…

2Cases cited24 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BaldiNew York Court of Appeals · 1981
  3. United States v. CronicSupreme Court of the United States · 1984
  4. Ohio v. RobertsSupreme Court of the United States · 1980
  5. Smith v. PhillipsSupreme Court of the United States · 1982

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3Cited by1 opinion

  1. People v. CookNew York Supreme Court · 1993

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