People v. Ausserau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
On this appeal appellant contends that he was improperly denied a hearing on his postjudgment motion (CPL 440.10, subd 1, pars, [g], [h]) to vacate his judgment of conviction of assault in the first degree.
On November 17, 1976 Nick Nichols was shot while in the parking lot in the rear of his grocery store on Monroe Avenue, Rochester, New York. At trial appellant’s statement admitting the shooting was introduced into evidence. Nichols also positively identified appellant as the assailant. Before trial the Assistant District Attorney informed defense counsel that…
2Cases cited11 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Giglio v. United StatesSupreme Court of the United States · 1972
- United States v. AgursSupreme Court of the United States · 1976
- People v. SettlesNew York Court of Appeals · 1978
- People v. SavvidesNew York Court of Appeals · 1956
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ColeNew York Supreme Court · 2003
- People v. NicholsonAppellate Division of the Supreme Court of the State of New York · 1995
- Ausderau v. StateNew York Court of Claims · 1985
- People v. McDanielAppellate Division of the Supreme Court of the State of New York · 1990
6 more not listed; retrieve them via the Exa API.