Court of Appeals of New York

Denial of defendant's postjudgment motion for an evidentiary hearing in hopes to vacate his conviction of rape (a motion brought pursuant to CPL 440.10(1)(g)) on grounds that newly discovered evidence in the form of mitochondrial DNA (mDNA) testing excluded him as the perpetrator is reversed and the case remitted to New York Supreme Court for further proceedings, where: 1) the rule enunciated in People v. Crimmins which restricts this Court's power of review concerning CPL 440.10(1)(g) motions is hereafter overturned; and 2) the Appellate Division abused its discretion in summarily denying defendant's motion for an evidentiary hearing in this case.

Appellate Information

• Decided 12/16/2014
• Published 12/16/2014

Judges

• Pigott

Court

• Court of Appeals of New York

Counsel