OPINION OF THE COURT Hinds-Radix, J. The primary issue on this appeal, and an issue of first impression for an appellate court in this state, is whether a defendant’s claim of actual innocence may be recognized as a ground to vacate a judgment of conviction pursuant to CPL 440.10 (1) (h), which authorizes a court to vacate a judgment which was obtained in violation of an accused’s constitutional rights. For t…
Read the full opinion (source) ↗
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.