People v. Rivera, 254 A.D.2d 199 (N.Y. App. Div. 1998). · Go Syfert
People v. Rivera, 254 A.D.2d 199 (N.Y. App. Div. 1998). Cases Citing This Book View Copy Cite
5 citation events (4 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Michael (nyappterm, 2007-05-22)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Michael
N.Y. App. Term. · 2007 · confidence medium
Finally, as “a judgment of conviction may only be vacated upon a legal ground specified in CPL 440.10 (1)” (People v Reyati, 254 AD2d 199, 200 [1998]), the court had no authority to grant the relief in the interest of justice (People v Agero, 234 AD2d 94, 95 [1996]).
discussed Cited "see, e.g." People v. Cole
N.Y. Sup. Ct. · 2003 · signal: see also · confidence medium
Jerome v Court of General Sessions, 185 NY 504, 506-507 [1906]; see also People v Rao, 271 NY 98, 100-101 [1936]), but is limited to those grounds enumerated by statute and their statutory criteria (People v Reyati, 254 AD2d 199, 200 [1998]; People v Forbes, 191 Misc 2d 573, 576 [2002]; see also Jackson, 78 NY2d at 647 ; Schmidt, 216 NY 328 ; People v Salemi, 309 NY 208, 215 [1955]). 5 There exists no authority to vacate a judgment in the interest of justice or on equity grounds (People v Forbes, 191 Misc 2d at 576 [see cases cited therein]; see People v Hawkins, 99 NY2d 592, 593 [2003]).
discussed Cited "see, e.g." People v. Forbes
nywhplncityct · 2002 · signal: see also · confidence low
In any event, there is no statutory authority in New York to grant such postjudgment relief under CPL 440.10 on either “equitable grounds” or in the “interests of justice” (see e.g., People v Agero, 234 AD2d 94 [1st Dept 1996]; People v Felman, 137 AD2d 341 [3d Dept 1988] [concurring op]; see also, People v Reyati, 254 AD2d 199 [1st Dept 1998] [judgment of conviction may only be vacated upon a legal ground specified in CPL 440.10]; People v Cooks, 113 AD2d 975 [3d Dept 1985] [a motion to vacate a judgment must be based upon one of the grounds enumerated in CPL 440.10]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Roberto Rivera, Also Known as Rivera Roberto
Appellate Division of the Supreme Court of the State of New York.
Oct 27, 1998.
254 A.D.2d 199
Cited by 1 opinion  |  Published

Judgment, Supreme Court, Bronx County (George Covington, J., at suppression hearing; Lawrence Bernstein, J., at plea and sentence), rendered April 3, 1995, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The hearing court’s credibility determinations are entitled to great weight and we find no basis in the record to disturb its findings (see, People v Prochilo, 41 NY2d 759, 761). The court did not improvidently exercise its discretion in limiting the cross-examination of the arresting officer regarding the specifics of a robbery that led to defendant’s instant arrest, but was committed more than four months earlier, since defendant was given ample latitude with respect to the robbery investigation, and the details of the robbery were irrelevant to the issue of probable cause. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.