Legal Opinion

People v. Lewis

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 2016No. 1219 8989/98PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Gregory Carro, J.), entered on or about January 15, 2014, which denied defendant’s CPL 440.10 motion to vacate a judgment of conviction rendered April 4, 2000, unanimously affirmed.

Initially, we note that defendant’s claims generally stem from an alleged inconsistency between a detective’s hearing and trial testimony, and that all of this testimony was part of the record of defendant’s 2004 appeal. In any event, assuming for the sake of argument that defendant’s claims could not have been fully raised on direct appeal (see CPL 440.10 [2] [c]), the court…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. RiveraNew York Court of Appeals · 1988
  4. People v. SatterfieldNew York Court of Appeals · 1985
  5. People v. SavinonNew York Court of Appeals · 2003

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3Cited by1 opinion

  1. People v. LinderAppellate Division of the Supreme Court of the State of New York · 2019

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