Legal Opinion
People v. Britton
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 18 opinions
1Opinion of the Court
*894The defendant’s contention that the judgment of conviction should have been vacated based on newly-discovered evidence is without merit. The hearing court found that the testimony regarding the alleged new evidence proffered by the defendant was not credible. The credibility determination of the hearing court, with its particular advantages of having seen and heard the witnesses, is entitled to great deference on appeal (see People v Prochilo, 41 NY2d 759, 761 [1977]) and will not be disturbed unless clearly erroneous (see People v Francis, 44 AD3d 788, 789 [2007], lv denied 9 NY3d 1033…
2Cases cited5 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. CabanNew York Court of Appeals · 2005
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JamisonAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by18 opinions
- People v. BodahAppellate Division of the Supreme Court of the State of New York · 2009
- People v. DemolaireAppellate Division of the Supreme Court of the State of New York · 2008
- People v. VanDeusenAppellate Division of the Supreme Court of the State of New York · 2015
- People v. DavidsonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DiPippoAppellate Division of the Supreme Court of the State of New York · 2011
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