Legal Opinion
People v. Maxwell
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 2017No. 2014-04353PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Dowling, J.), dated March 31, 2014, which, after a hearing, denied his motion pursuant to CPL 440.10 to vacate a judgment of the same court rendered July 18, 2007, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the order is affirmed.
Contrary to the defendant’s contention, the judgment of conviction should not be vacated on the basis that the defendant proved that he was actually innocent. A freestanding claim of actual innocence is cognizable in New…
2Cases cited18 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. PonsNew York Court of Appeals · 1986
- People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ColvilleNew York Court of Appeals · 2012
- People v. ClarkNew York Court of Appeals · 2016
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. MosleyAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CunninghamAppellate Division of the Supreme Court of the State of New York · 2021
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2021
- People v. FraserAppellate Division of the Supreme Court of the State of New York · 2018