People v. Session, 313 N.E.2d 728 (N.Y. 1974). · Go Syfert
People v. Session, 313 N.E.2d 728 (N.Y. 1974). Cases Citing This Book View Copy Cite
98 citation events (71 in the last 25 years) across 9 distinct courts.
Strongest positive: People v. Brois (nyappdiv, 2022-03-01)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Brois
N.Y. App. Div. · 2022 · confidence medium
Even if the motion can be treated as a separate, subsequent CPL 440.10 motion ( see Wright , 27 NY3d at 522 ; People v Session , 34 NY2d 254, 256 [1974]), and deemed appealable on that basis, we find that the motion was properly denied.
discussed Cited as authority (rule) People v. Perez
N.Y. App. Div. · 2020 · confidence medium
Contrary to the People's contention, defendant's failure to include an affidavit from this attorney on the first CPL article 440 motion did not preclude him from filing the second CPL article 440 motion that did contain such an affidavit ( see CPL 440.10 [3] [c]; People v Wright , 27 NY3d 516, 522 [2016]; People v Session , 34 NY2d 254, 256 [1974]).
discussed Cited as authority (rule) The People v. Boris Brown
NY · 2019 · confidence medium
It is fundamental that “[a] judgment of conviction is presumed valid, and the party challenging its validity . . . has a burden of coming forward with allegations sufficient to create an issue of fact” (People v Session, 34 NY2d 254, 255-256 [1974]).
discussed Cited as authority (rule) The People v. Omar Alvarez
NY · 2019 · confidence medium
A defendant seeking a writ of error coram nobis bears the burden of demonstrating that counsel was ineffective (see People v Session, 34 NY2d 254, 255-256 [1974]; see also People v Arjune, 30 NY3d 347 , 357 n 8 [2017], cert denied ___ US ___, 139 S Ct 67 [2018]).
discussed Cited as authority (rule) People v. Campbell
N.Y. App. Div. · 2017 · confidence medium
In moving to vacate a judgment of conviction, a defendant must “come forward with allegations that raise a triable issue of fact sufficient to challenge the presumed validity of a judgment of conviction” (People v Waymon, 65 AD3d 708, 709 [2009]; see CPL 440.10, 440.30 [4] [d] [i]; People v Session, 34 NY2d 254, 256 [1974]).
discussed Cited as authority (rule) The People v. Gary Wright
NY · 2016 · confidence medium
Of course, if defendant either obtains the requisite information from Long or Long proves uncooperative, he is permitted by statute to bring a subsequent CPL article 440 motion (see People v Session, 34 NY2d 254, 256 [1974]).
discussed Cited as authority (rule) People v. Guaman
N.Y. City Crim. Ct. · 2016 · confidence medium
Denial Pursuant to CPL 440.30 (4) (d) Pursuant to CPL 440.30 (4) (d), the court may deny, without a hearing, a CPL 440.10 or 440.20 motion if “[a]n allegation of fact essential to support the motion (i) is contradicted by a court record or other official document, or is made solely by the defendant and is unsupported by any other affidavit or evidence, and (ii) under these and all the other circumstances attending the case, there is no reasonable possibility that such allegation is true.” “To obtain a hearing on a motion to vacate a judgment of conviction, it is the defendant’s burden …
discussed Cited as authority (rule) People v. Vasquez
N.Y. App. Div. · 2015 · confidence medium
In moving to vacate a judgment of conviction, a defendant must “come forward with allegations that raise a triable issue of fact sufficient to challenge the presumed validity of a judgment of conviction” (People v Waymon, 65 AD3d 708, 709 [2009]; see CPL 440.10, 440.30 [4] [d] [i]; People v Session, 34 NY2d 254, 255-256 [1974]).
discussed Cited as authority (rule) People v. Rossborough
N.Y. App. Div. · 2014 · confidence medium
With respect to defendant’s contention that his plea was rendered involuntary by his use of medication, we conclude that defendant sustained his “burden of coming forward with allegations sufficient to create an issue of fact” whether the judgment is invalid on that ground (People v Session, 34 NY2d 254, 255-256 [1974]).
discussed Cited as authority (rule) People v. Rossborough
N.Y. App. Div. · 2014 · confidence medium
With respect to defendant’s contention that his plea was rendered involuntary by his use of medication, we conclude that defendant sustained his “burden of coming forward with allegations sufficient to create an issue of fact” whether the judgment is invalid on that ground (People v Session, 34 NY2d 254, 255-256 [1974]).
discussed Cited as authority (rule) People v. Lewis
N.Y. Sup. Ct. · 2014 · confidence medium
Defendant’s Burden to Allege Issues of Fact Criminal Procedure Law § 440.30 (4) provides in relevant part: “Upon considering the merits of [a CPL 440.10] motion, the court may deny it without conducting a hearing if . . . “(b) The motion is based upon the existence or occurrence of facts and the moving papers do not contain sworn allegations substantiating or tending to substantiate all the essential facts, as required by subdivision one; or . . . “(d) an allegation of fact essential to support the motion (i) is contradicted by a court record or other official document, or is made sol…
discussed Cited as authority (rule) People v. Santos
N.Y. Sup. Ct. · 2013 · confidence medium
Defendant’s Burden to Allege Issues of Fact CPL 440.30 (4) provides: “Upon considering the merits of [a CPL 440.10] motion, the court may deny it without conducting a hearing if . . . “(b) [t]he motion is based upon the existence or occurrence of facts and the moving papers do not contain sworn allegations substantiating or tending to substantiate all the essential facts, as required by subdivision one; or . . . “(d) [a]n allegation of fact essential to support the motion (i) is contradicted by a court record or other official document, or is made solely by the defendant and is unsuppo…
discussed Cited as authority (rule) People v. Campbell
N.Y. App. Div. · 2011 · confidence medium
We further conclude that defendant’s assertion of ineffective assistance of counsel has not been “conclusively refuted by documentary evidence” (People v Session, 34 NY2d 254, 256 [1974]), although we note that an appendix to the People’s brief and portions of the brief were stricken by order of this Court entered December 2, 2010 because they addressed matters outside the record.
discussed Cited as authority (rule) People v. Fuller
N.Y. Sup. Ct. · 2010 · confidence medium
(CPL 440.30 [3] [c].) The court may, nonetheless, upon reaching the merits still deny the motion without a hearing if the moving papers, inter alia, fail to allege a ground constituting a legal basis for the motion (CPL 440.30 [4] [a]) or fail to allege sufficient facts to support the legal ground asserted (CPL 440.30 [4] [b]; People v Session, 34 NY2d 254, 255-256 [1974]).
discussed Cited as authority (rule) People v. Waymon
N.Y. App. Div. · 2009 · confidence medium
To obtain a hearing on a motion to vacate a judgment of conviction, it is the defendant’s burden as movant to come forward with allegations that raise a triable issue of fact sufficient to challenge the presumed validity of a judgment of conviction (see People v Session, 34 NY2d 254, 255-256 [1974]; People v Bacchi, 186 AD2d 663, 664-665 [1992]).
cited Cited as authority (rule) People v. Edwards
N.Y. Sup. Ct. · 2009 · confidence medium
(People v Session, 34 NY2d 254, 255-256 [1974]; People v Adams, 164 AD2d 546 [2d Dept 1991], lv denied 77 NY2d 957 [1991].) B.
discussed Cited as authority (rule) People v. Perez
N.Y. Sup. Ct. · 2007 · confidence medium
(People v Session, 34 NY2d 254, 256 [1974]; see also CPL 440.30 [4] [b] [the court may deny a section 440.10 motion without a hearing if such motion is “based upon the existence or occurrence of facts and the moving papers do not contain sworn allegations substantiating or tending to substantiate all the essential facts”].) Measured against these standards, the Torres and Bonilla affidavits fall woefully short of the legal standard.
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2005 · confidence medium
The summary denial of the defendant’s motion without a hearing was a provident exercise of discretion (see CPL 440.30 [4] [b]; People v Satterfield, 66 NY2d 796, 799 [1985]; People v Session, 34 NY2d 254, 256 [1974]; People v Wells, 265 AD2d 589 [1999]; People v Lake, 213 AD2d 494 [1995]; People v Lawson, 191 AD2d 514 [1993]; People v LaPella, 185 AD2d 861 [1992]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2005 · confidence medium
However, defendant must plead supporting evidentiary facts, as conclusory allegations of ultimate facts are insufficient (see People v Session, 34 NY2d 254, 255-256 [1974]; People v Baptiste, 306 AD2d 562, 569 [2003], lv denied 1 NY3d 594 [2004]).
discussed Cited as authority (rule) People v. Atkinson
N.Y. Sup. Ct. · 2004 · confidence medium
People v Wells, 265 AD2d 589, 589 (1999); People v Lake, 213 AD2d 494, 495-496 (1995); People v Lawson, 191 AD2d 514, 515 (1993); see also People v Satterfield, 66 NY2d 796, 799 (1985); People v Session, 34 NY2d 254, 256 (1974). .
discussed Cited as authority (rule) People v. Beverly
N.Y. App. Div. · 2004 · confidence medium
Defendant had the burden of challenging his conviction with supporting evidentiary facts, a burden not met by his unsupported conclusory allegations (see People v Session, 34 NY2d 254, 255-256 [1974]; People v Baptiste, 306 AD2d 562, 569 [2003]).
cited Cited as authority (rule) People v. Baptiste
N.Y. App. Div. · 2003 · confidence medium
“In a coram nobis application, it is not enough to make conclusory allegations of ultimate facts; supporting evidentiary facts must be provided” (People v Session, 34 NY2d 254, 256 [1974]).
discussed Cited as authority (rule) People v. Figueroa
N.Y. Sup. Ct. · 2001 · confidence medium
A judgment of conviction is presumed valid, and a defendant moving to vacate a judgment of conviction has the burden “of coming forward with allegations which create an issue of fact” (People v Braun, 167 AD2d 164 , 165 [1st Dept 1990], citing People v Session, 34 NY2d 254, 255 [1974]).
discussed Cited as authority (rule) People v. Charles Lyon, Lyon Coram Auto Body, Inc., & L.A.L. Leasing
nycountyct · 1989 · confidence medium
(See, e.g., People v Brown, 56 NY2d 242 [1982]; People v Session, 34 NY2d 254, 255-256 [1974] ["A judgment of conviction is presumed valid, and the party challenging its validity * * * has a burden of coming forward with allegations sufficient to create an issue of fact * * *.
examined Cited "see" People v. White (3×)
N.Y. Cty. Ct., Warren Cty. · 2024 · signal: see · confidence high
See, People v. Session , 34 NY2d 254 , 255—256, 357 N.Y.S.2d 409 , 313 N.E.2d 728 [1974]; People v. Bacchi , 186 AD2d 663 , 664—665, 588 N.Y.S.2d 619 [1992].
examined Cited "see" People v. White (3×)
N.Y. Cty. Ct., Warren Cty. · 2024 · signal: see · confidence high
See, People v. Session , 34 NY2d 254 , 255—256, 357 N.Y.S.2d 409 , 313 N.E.2d 728 [1974]; People v. Bacchi , 186 AD2d 663 , 664—665, 588 N.Y.S.2d 619 [1992].
examined Cited "see" People v. White (3×)
N.Y. Cty. Ct., Warren Cty. · 2024 · signal: see · confidence high
See, People v. Session , 34 NY2d 254 , 255—256, 357 N.Y.S.2d 409 , 313 N.E.2d 728 [1974]; People v. Bacchi , 186 AD2d 663 , 664—665, 588 N.Y.S.2d 619 [1992].
discussed Cited "see" People v. LaPella
N.Y. App. Div. · 1992 · signal: see · confidence high
Without sworn allegations substantiating or tending to substantiate all of the essential facts necessary to support such a motion, the court providently exercised its discretion by denying the motion without a hearing (CPL 440.30 [4] [b]; see, People v Session, 34 NY2d 254 ; People v Britt, 148 AD2d 911 ).
discussed Cited "see, e.g." People v. Lackey
N.Y. App. Div. · 2008 · signal: see also · confidence medium
Accordingly, the court acted within its discretion in ordering a hearing to resolve the matter (see CPL 440.30 [2], [3], [4], [5]; see also People v Session, 34 NY2d 254, 256 [1974]; People v Hughes, 181 AD2d 912, 913 [1992]; People v Shaver, 26 AD2d 735, 735 [1966]).
discussed Cited "see, e.g." People v. Hughes
N.Y. App. Div. · 1992 · signal: see also · confidence low
"In the case before us, it may not be said that the [affirmation] of the assistant district attorney * * * 'conclusively demonstrates’ the falsity of the defendant’s allegations” (People v Picciotti, 4 NY2d 340, 345 , quoting from People v Lain, 309 NY 291, 293 ; People v Guariglia, 303 NY 338, 343 ; see also, People v Session, 34 NY2d 254, 256 ).
discussed Cited "see, e.g." People v. McDaniel
N.Y. App. Div. · 1990 · signal: see also · confidence low
Rohrlich v Follette, 20 NY2d 297, 300 ; see also, People v Davidson, 136 AD2d 66, 69 ). " '[Ojnce the submission of evidentiary facts creates an issue as to the validity of the judgment, the defendant is entitled to a hearing to determine the truth of his allegations, unless his claim has been conclusively refuted by documentary evidence’ ” (People v Ausserau, 77 AD2d 152, 155 , quoting People v Session, 34 NY2d 254, 256 ; see also, CPL 440.30).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Josh Session, III
New York Court of Appeals.
Jun 12, 1974.
313 N.E.2d 728
1974 N.Y. LEXIS 1506
Eugene D. Ulterino for appellant., Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for respondent.
Rabin.
Cited by 65 opinions  |  Published
Rabin, J.

On this appeal from the denial of coram nobis relief, we are called upon to consider whether allegations contained in defendant Josh Session’s petition and supporting affidavits are sufficient to require a hearing. Session submitted affidavits from three codefendants stating that an Assistant District Attorney had threatened them with increased charges if they testified in Session’s behalf. However, the affidavits did not contain the nature of any testimony the codefendants could offer, or how it could be of value to Session.

This showing is not sufficient to entitle Session to a hearing on his coram nobis application (now a motion to vacate judgment under CPL 440.10). A judgment of conviction is presumed valid, and the party challenging its validity (defendant here) has a burden of coming forward with allegations sufficient to[*256] create an issue of fact (People v. Richetti, 302 N. Y. 290, 298). "While the production of contrary evidence will satisfy the burden of going forward and eliminate the presumption of regularity from the case (id.), bare allegations are insufficient to carry this evidentiary burden (People v. Spencer, 32 N Y 2d 446; People v. White, 309 N. Y. 636, 640). In a coram nobis application, it is not enough to make conclusory allegations of ultimate facts; supporting evidentiary facts must be provided. In this case, the defendant must supply the substance of the testimony his potential witnesses would have given and indicate in what way this testimony would have benefited him (accord Andig v. Finkelstein, 23 N Y 2d 728, 730 [summary judgment granted where party carrying burden of going forward failed to provide evidentiary facts]).

Of course, once the submission of evidentiary facts creates an issue as to the validity of the judgment, the defendant is entitled to a hearing to determine the truth of his allegations, unless his claim has been conclusively refuted by documentary evidence (see People v. White, 309 N. Y. 636, supra). Here, the . Assistant District Attorney submitted his own affidavit denying the charge of intimidation, and affidavits from defense counsel for two of the three codefendants stating that their clients did not inform them of any visit or threats by the prosecutor. Such affidavits are not documentary evidence. They do place the question of intimidation in issue, but they do not conclusively refute the defendant’s allegations, and the trial court erred in so" concluding.

While we hold that petitioner has not established his right to a hearing on the submissions herein, we do not assume that the accusations of coercion made by his codefendants are without merit; and, by our denial of relief, we certainly do not condone the alleged intimidation. The order of the Appellate Division should be affirmed with leave to renew the application for coram nobis relief upon proper affidavits.

Chief Judge Breitel and Judges Jasen, Jones, Wachtler and Stevens concur; Judge Gabrielli taking no part.

Order affirmed, with leave to renew the coram nobis application.