Smith v. Phillips

Respondent was convicted in November 1974 by a New York state-court jury on two counts of murder and one count of attempted murder. After trial, respondent moved to vacate his conviction pursuant to §330.30 of the N.Y. Crim. Proc. Law (McKinney 1971) (CPL),1 and a hearing on his mo*211tion was held pursuant to CPL §330.40.2 The hearing was held before the justice who presided at respondent’s trial, and the motion to vacate was denied by him in an opinion concluding “beyond a reasonable doubt” that the events giving rise to the motion did not influence the verdict. People v. Phillips, 87 Misc. 2d…