People v. Epps
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 Supreme Court, Kings County (Reichbach, J.), dated August 1, 2005, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of the same court dated November 15, 2000, 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, People v Payne (3 NY3d 266 [2004]) and People v Suarez (6 NY3d 202 [2005]) do not apply retroactively (see Policano v Herbert, 7 NY3d 588 [2006]; People v Pepper, 53 NY2d 213,…
2Cases cited8 opinions
- People v. SuarezNew York Court of Appeals · 2005
- People v. PayneNew York Court of Appeals · 2004
- People v. PepperNew York Court of Appeals · 1981
- People v. HafeezNew York Court of Appeals · 2003
- Policano v. HerbertNew York Court of Appeals · 2006
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Epps v. PooleCourt of Appeals for the Second Circuit · 2012
- People v. Hakim-PetersNew York County Court, Schenectady County · 2010
- Epps v. PooleCourt of Appeals for the Second Circuit · 2012
- People v. EppsAppellate Division of the Supreme Court of the State of New York · 2014