People v. Waymon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant, by permission, from an order of the *709Supreme Court, Kings County (Feldman, J.), entered January 25, 2005, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered June 27, 2001, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the order is affirmed.
To obtain a hearing on a motion to vacate a judgment of conviction, it is the defendant’s burden as movant to come forward with allegations that raise a triable issue of fact sufficient to challenge the presumed…
2Cases cited6 opinions
- People v. SessionNew York Court of Appeals · 1974
- People v. BrownNew York Court of Appeals · 1982
- People v. BacchiAppellate Division of the Supreme Court of the State of New York · 1992
- People v. LaPellaAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BroxtonAppellate Division of the Supreme Court of the State of New York · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. DialloAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2017
- People v. Pil-Yong YooAppellate Division of the Supreme Court of the State of New York · 2022
7 more not listed; retrieve them via the Exa API.