People v. Crenshaw, 34 A.D.3d 1315 (N.Y. App. Div. 4th Dep't 2006). · Go Syfert
People v. Crenshaw, 34 A.D.3d 1315 (N.Y. App. Div. 4th Dep't 2006). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Cited for
At page 1316 Discretion to deny motion based on record contradiction5 citing cases“there is no reasonable possibility”3 citing courts quote it · 3 listed here
  • People v. Becoats, 117 A.D.3d 1465 (N.Y. App. Div. 4th Dep't 2014).published 2 cites
    Never theless, in light of the information the People provided to trial counsel regarding the purported observations of the federal prisoner, we cannot conclude on the record before us that “ ‘there is no reasonable possibility’ ” that the…
  • People v. Nowlin, 145 A.D.3d 1447 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    The court therefore had discretion to deny the motion pursuant to CPL 440.30 (4) (d), because “the allegations essential to support the motion are contradicted by the record and there is no reasonable possibility that they are true” (Peopl…
  • Becoats, Corey E., People v., No. KA 13-00671 (N.Y. App. Div. 4th Dep't May 2, 2014).published
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
William Crenshaw
Appellate Division of the Supreme Court of the State of New York.
Nov 17, 2006.
Published opinion
34 A.D.3d 1315
Cited by 6 opinions  |  Published

Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Monroe County (Stephen R. Sirkin, A.J.), entered December 31, 2003. The order denied defendant’s motion pursuant to CPL 440.10 to vacate a judgment convicting defendant of robbery in the first degree.

[*1316] It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from an order denying his motion pursuant to CPL 440.10 to vacate a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that Supreme Court abused its discretion in denying the motion without conducting a hearing. We reject that contention. Pursuant to CPL 440.30 (4) (d), the court has discretion to deny a CPL 440.10 motion where, as here, “the allegations essential to support the motion are contradicted by the record and there is no reasonable possibility that they are true” (People v Bonilla, 6 AD3d 1059, 1061 [2004]; cf. People v Staton, 224 AD2d 984 [1996]). We have examined defendant’s remaining contentions and conclude that they are lacking in merit. Present— Hurlbutt, A.PJ., Scudder, Gorski, Centra and Green, JJ.