freestanding claim in New York

12 New York opinions name it 3 courts 2014–2021 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

Case	Followed	Cited
People v. Hamiltongreen nyappdiv · 2014 · cited in 7 New York opinions naming this issue, 2016–2018 2 sentences 2018A freestanding claim of actual innocence, asserted by a defendant who has been convicted upon a jury verdict, is cognizable in New York, and such a defendant, who establishes his or her actual innocence by clear and convincing evidence, is entitled to relief under CPL 440.10(1)(h) ( see People v Maxwell , 152 AD3d 622, 622-623 ; People v Hamilton , 115 AD3d 12, 15 ; cf. People v Tiger, ___NY3d___, 2018 NY Slip Op 04377 [2018]). 2018She also asserted [*3]a claim of actual innocence relying on the Second Department's decision in People v Hamilton ( 115 AD3d 12 [2d Dept 2014]), recognizing a freestanding claim of actual innocence pursuant to CPL 440.10 (1) (h).	2	7
People v. Harrisgreen ny · 1991 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People Bermudez, 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] [Sup Ct, NY County 2007]; People v Bryant, 25 Misc 3d 1206[A], 2009 NY Slip Op 51986[U] [Sup Ct, Bronx County 2009]; People v Wheeler-Whichard, 25 Misc 3d 690 [2009]; People v Cole, 1 Misc 3d 531 [2003]; Friedman v Rehal, 618 F3d at 159 ). 4 The Due Process Clause in the New York State Constitution provides “greater protection than its federal counterpart as construed by the Supreme Court” (People v LaValle, 3 NY3d 88, 127 [2004]; see Peopl 2014People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People Bermudez, 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] [Sup Ct, NY County 2007]; People v Bryant, 25 Misc 3d 1206[A], 2009 NY Slip Op 51986[U] [Sup Ct, Bronx County 2009]; People v Wheeler-Whichard, 25 Misc 3d 690 [2009]; People v Cole, 1 Misc 3d 531 [2003]; Friedman v Rehal, 618 F3d at 159 ). 4 The Due Process Clause in the New York State Constitution provides “greater protection than its federal counterpart as construed by the Supreme Court” (People v LaValle, 3 NY3d 88, 127 [2004]; see Peopl	2	2
People v. Morgangreen ill · 2004 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014The Illinois courts further provided that the evidence must be “newly discovered” in that it “was not available at defendant’s original trial and that the defendant could not have discovered [it] sooner through diligence,” and “of such conclusive character that it would probably change the result on retrial” (People v Morgan, 212 Ill 2d 148, 154, 817 NE2d 524, 527 [2004]). 2014The Illinois courts further provided that the evidence must be “newly discovered” in that it “was not available at defendant’s original trial and that the defendant could not have discovered [it] sooner through diligence,” and “of such conclusive character that it would probably change the result on retrial” (People v Morgan, 212 Ill 2d 148, 154, 817 NE2d 524, 527 [2004]).	2	2
People v. LaVallegreen ny · 2004 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People Bermudez, 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] [Sup Ct, NY County 2007]; People v Bryant, 25 Misc 3d 1206[A], 2009 NY Slip Op 51986[U] [Sup Ct, Bronx County 2009]; People v Wheeler-Whichard, 25 Misc 3d 690 [2009]; People v Cole, 1 Misc 3d 531 [2003]; Friedman v Rehal, 618 F3d at 159 ). 4 The Due Process Clause in the New York State Constitution provides “greater protection than its federal counterpart as construed by the Supreme Court” (People v LaValle, 3 NY3d 88, 127 [2004]; see Peopl 2014People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People Bermudez, 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] [Sup Ct, NY County 2007]; People v Bryant, 25 Misc 3d 1206[A], 2009 NY Slip Op 51986[U] [Sup Ct, Bronx County 2009]; People v Wheeler-Whichard, 25 Misc 3d 690 [2009]; People v Cole, 1 Misc 3d 531 [2003]; Friedman v Rehal, 618 F3d at 159 ). 4 The Due Process Clause in the New York State Constitution provides “greater protection than its federal counterpart as construed by the Supreme Court” (People v LaValle, 3 NY3d 88, 127 [2004]; see Peopl	2	2
McQuiggin v. Perkinsgreen scotus · 2013 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014The Federal courts have not resolved whether a prisoner may be entitled to habeas corpus relief based upon a freestanding claim of actual innocence (see McQuiggin v Perkins, 569 US —, 133 S Ct 1924, 1931 [2013]; Herrera v Collins, 506 US 390, 404-405 [1993]; John M. 2014The Federal courts have not resolved whether a prisoner may be entitled to habeas corpus relief based upon a freestanding claim of actual innocence (see McQuiggin v Perkins, 569 US —, 133 S Ct 1924, 1931 [2013]; Herrera v Collins, 506 US 390, 404-405 [1993]; John M.	2	2
Summerville v. Warden, State Prisongreen conn · 1994 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Connecticut, which has based its recognition of a freestanding claim of actual innocence upon the reasoning that the writ of habeas corpus is designed to remedy fundamental miscarriages of justice (see Summerville v Warden, State Prison, 229 Conn 397, 422, 641 A2d 1356, 1369 [1994]), applies the more stringent standard of proof by clear and convincing evidence (see Miller v Commissioner of Corr., 242 Conn at 794, 700 A2d at 1132 ). 2014Connecticut, which has based its recognition of a freestanding claim of actual innocence upon the reasoning that the writ of habeas corpus is designed to remedy fundamental miscarriages of justice (see Summerville v Warden, State Prison, 229 Conn 397, 422, 641 A2d 1356, 1369 [1994]), applies the more stringent standard of proof by clear and convincing evidence (see Miller v Commissioner of Corr., 242 Conn at 794, 700 A2d at 1132 ).	2	2
Miller v. Commissioner of Correctiongreen conn · 1997 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Connecticut, which has based its recognition of a freestanding claim of actual innocence upon the reasoning that the writ of habeas corpus is designed to remedy fundamental miscarriages of justice (see Summerville v Warden, State Prison, 229 Conn 397, 422, 641 A2d 1356, 1369 [1994]), applies the more stringent standard of proof by clear and convincing evidence (see Miller v Commissioner of Corr., 242 Conn at 794, 700 A2d at 1132 ). 2014Connecticut, which has based its recognition of a freestanding claim of actual innocence upon the reasoning that the writ of habeas corpus is designed to remedy fundamental miscarriages of justice (see Summerville v Warden, State Prison, 229 Conn 397, 422, 641 A2d 1356, 1369 [1994]), applies the more stringent standard of proof by clear and convincing evidence (see Miller v Commissioner of Corr., 242 Conn at 794, 700 A2d at 1132 ).	2	2
Herrera v. Collinsgreen scotus · 1993 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014The Federal courts have not resolved whether a prisoner may be entitled to habeas corpus relief based upon a freestanding claim of actual innocence (see McQuiggin v Perkins, 569 US —, 133 S Ct 1924, 1931 [2013]; Herrera v Collins, 506 US 390, 404-405 [1993]; John M. 2014The Federal courts have not resolved whether a prisoner may be entitled to habeas corpus relief based upon a freestanding claim of actual innocence (see McQuiggin v Perkins, 569 US —, 133 S Ct 1924, 1931 [2013]; Herrera v Collins, 506 US 390, 404-405 [1993]; John M.	2	2
People v. Colegreen nysupct · 2003 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014New Mexico has based its recognition of a freestanding claim of actual innocence on provisions of the New Mexico Constitution, which prohibit deprivation of life or liberty without due process of law (see NM Const, art II, § 18), and the infliction of cruel and unusual punishment, to wit, incarceration for a crime which the prisoner did not commit (see NM Const, art II, § 13; Montoya v Ulibarri, 142 NM at 97, 163 P3d at 484 , citing and relying upon the rationale of People v Cole, 1 Misc 3d at 541-542 ). 2014New Mexico has based its recognition of a freestanding claim of actual innocence on provisions of the New Mexico Constitution, which prohibit deprivation of life or liberty without due process of law (see NM Const, art II, § 18), and the infliction of cruel and unusual punishment, to wit, incarceration for a crime which the prisoner did not commit (see NM Const, art II, § 13; Montoya v Ulibarri, 142 NM at 97, 163 P3d at 484 , citing and relying upon the rationale of People v Cole, 1 Misc 3d at 541-542 ).	2	2
Alexander & Alexander of New York, Inc. v. Fritzengreen ny · 1986 · cited in 2 New York opinions naming this issue, 2017–2017 2 sentences 2017Finally, New York does not recognize a freestanding claim for conspiracy ( see Alexander & Alexander of N.Y. v. Fritzen, 68 N.Y.2d 968 , 969, 510 N.Y.S.2d 546 , 503 N.E.2d 102 [1986] ["a mere conspiracy to commit a (tort) is never of itself a cause of action"] ). 2017Finally, New York does not recognize a freestanding claim for conspiracy ( see Alexander & Alexander of N.Y. v. Fritzen, 68 N.Y.2d 968 , 969, 510 N.Y.S.2d 546 , 503 N.E.2d 102 [1986] ["a mere conspiracy to commit a (tort) is never of itself a cause of action"] ).	1	2
People v. Mosleygreen nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2021–2021 1 sentence 2021Footnotes Footnote 1: Contrary to the People's assertion, defendant may raise a freestanding claim of actual innocence under CPL 440.10 (1) (h) ( see People v Mosley , 155 AD3d 1124, 1125 [2017], lv denied 31 NY3d 985 [2018]).	1	1
Jacob Lee Schmidt v. State of Iowagreen iowa · 2018 · cited in 1 New York opinions naming this issue, 2018–2018 1 sentence 2018Footnote 5: In Schmidt v State ( 909 NW2d 778, 787-788 [Iowa 2018]), the Iowa Supreme Court ruled that the Iowa Constitution permits a freestanding claim of innocence to be brought even if a defendant knowingly and voluntarily pleaded guilty.	1	1
People v. Griffingreen nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017 1 sentence 2017A freestanding claim of actual innocence is cognizable in New York, and a defendant who establishes his or her actual innocence by clear and convincing evidence is entitled to relief under CPL 440.10 (1) (h) (see People v Tiger, 149 AD3d 86 [2017]; People v Hamilton, 115 AD3d 12, 15 [2014]). “ ‘[A]ctual innocence’ means factual *623 innocence, not mere legal insufficiency of evidence of guilt, and must be based upon reliable evidence which was not presented at the trial’ ” (People v Griffin, 120 AD3d 1257, 1257 [2014], quoting People v Hamilton, 115 AD3d at 23 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Friedman v. Rehal green ca2 · 2010 2 sentences 2014People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People Bermudez, 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] [Sup Ct, NY County 2007]; People v Bryant, 25 Misc 3d 1206[A], 2009 NY Slip Op 51986[U] [Sup Ct, Bronx County 2009]; People v Wheeler-Whichard, 25 Misc 3d 690 [2009]; People v Cole, 1 Misc 3d 531 [2003]; Friedman v Rehal, 618 F3d at 159 ). 4 The Due Process Clause in the New York State Constitution provides “greater protection than its federal counterpart as construed by the Supreme Court” (People v LaValle, 3 NY3d 88, 127 [2004]; see Peopl 2014People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People Bermudez, 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] [Sup Ct, NY County 2007]; People v Bryant, 25 Misc 3d 1206[A], 2009 NY Slip Op 51986[U] [Sup Ct, Bronx County 2009]; People v Wheeler-Whichard, 25 Misc 3d 690 [2009]; People v Cole, 1 Misc 3d 531 [2003]; Friedman v Rehal, 618 F3d at 159 ). 4 The Due Process Clause in the New York State Constitution provides “greater protection than its federal counterpart as construed by the Supreme Court” (People v LaValle, 3 NY3d 88, 127 [2004]; see Peopl	2	2014–2014
People v. Jenkins green nyappdiv · 2011 2 sentences 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9	2	2014–2014
Gould v. Commissioner of Correction green conn · 2011 2 sentences 2014However, in that state, it is not clear that the claim of actual innocence must be supported by newly discovered evidence (see Gould v Commissioner of Corr., 301 Conn 544, 551 n 8, 22 A3d 1196, 1200 n 8 [2011]). 2014However, in that state, it is not clear that the claim of actual innocence must be supported by newly discovered evidence (see Gould v Commissioner of Corr., 301 Conn 544, 551 n 8, 22 A3d 1196, 1200 n 8 [2011]).	2	2014–2014
People v. Deacon green nyappdiv · 2012 2 sentences 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9	2	2014–2014
People v. Wheeler-Whichard green nysupct · 2009 2 sentences 2014Thus, we conclude that a freestanding claim of actual innocence may be addressed pursuant to CPL 440.10 (1) (h), which provides for vacating a judgment which was obtained in violation of an accused’s constitutional rights (see People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People v Wheeler-Whichard, 25 Misc 3d at 702 ). 2014Thus, we conclude that a freestanding claim of actual innocence may be addressed pursuant to CPL 440.10 (1) (h), which provides for vacating a judgment which was obtained in violation of an accused’s constitutional rights (see People v Caraway, 36 Misc 3d 1224[A] , 2012 NY Slip Op 51466[U] [Sup Ct, Kings County 2012]; People v Wheeler-Whichard, 25 Misc 3d at 702 ).	2	2014–2014
March v. New York green scotus · 1956 2 sentences 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9	2	2014–2014
People v. Tankleff green nyappdiv · 2007 2 sentences 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9	2	2014–2014
People v. Salemi green ny · 1955 2 sentences 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9 2014As noted in People Bermudez ( 25 Misc 3d 1226[A] , 2009 NY Slip Op 52302[U] , 23 [Sup Ct, NY County 2009]), where the defendant asserts a claim of actual innocence, “new evidence may be considered, whether or not it satisfies the Salemi factors [(People v Salemi, 309 NY 208 [1955], cert denied 350 US 950 [1956])] [and] other legal barriers, such as prior adverse court determinations, which might otherwise bar further recourse to the courts.” The question of whether New York recognizes a freestanding claim of actual innocence has not been conclusively determined (see People v Deacon, 96 AD3d 9	2	2014–2014
Montoya v. Ulibarri green nm · 2007 2 sentences 2014New Mexico has based its recognition of a freestanding claim of actual innocence on provisions of the New Mexico Constitution, which prohibit deprivation of life or liberty without due process of law (see NM Const, art II, § 18), and the infliction of cruel and unusual punishment, to wit, incarceration for a crime which the prisoner did not commit (see NM Const, art II, § 13; Montoya v Ulibarri, 142 NM at 97, 163 P3d at 484 , citing and relying upon the rationale of People v Cole, 1 Misc 3d at 541-542 ). 2014New Mexico has based its recognition of a freestanding claim of actual innocence on provisions of the New Mexico Constitution, which prohibit deprivation of life or liberty without due process of law (see NM Const, art II, § 18), and the infliction of cruel and unusual punishment, to wit, incarceration for a crime which the prisoner did not commit (see NM Const, art II, § 13; Montoya v Ulibarri, 142 NM at 97, 163 P3d at 484 , citing and relying upon the rationale of People v Cole, 1 Misc 3d at 541-542 ).	2	2014–2014
People v. Little green nycterr · 2018 1 sentence 2021Footnotes Footnote 1: Contrary to the People's assertion, defendant may raise a freestanding claim of actual innocence under CPL 440.10 (1) (h) ( see People v Mosley , 155 AD3d 1124, 1125 [2017], lv denied 31 NY3d 985 [2018]).	1	2021–2021
People v. Christopher E. Marino green nyappdiv · 2017 1 sentence 2018A freestanding claim of actual innocence, asserted by a defendant who has been convicted upon a jury verdict, is cognizable in New York, and such a defendant, who establishes his or her actual innocence by clear and convincing evidence, is entitled to relief under CPL 440.10(1)(h) ( see People v Maxwell , 152 AD3d 622, 622-623 ; People v Hamilton , 115 AD3d 12, 15 ; cf. People v Tiger, ___NY3d___, 2018 NY Slip Op 04377 [2018]).	1	2018–2018
People v. Tiger green ny · 2018 1 sentence 2018A freestanding claim of actual innocence, asserted by a defendant who has been convicted upon a jury verdict, is cognizable in New York, and such a defendant, who establishes his or her actual innocence by clear and convincing evidence, is entitled to relief under CPL 440.10(1)(h) ( see People v Maxwell , 152 AD3d 622, 622-623 ; People v Hamilton , 115 AD3d 12, 15 ; cf. People v Tiger, ___NY3d___, 2018 NY Slip Op 04377 [2018]).	1	2018–2018
People v. Caldavado green ny · 2015 1 sentence 2017While we recognize that in People v Caldavado ( 26 NY3d 1034 [2015]) the Court of Appeals opted not to determine whether a freestanding claim of actual innocence is viable (id. at 1037), we concur with the analysis set forth in Hamilton and find that such a claim may be raised pursuant CPL 440.10 (1) (h) (see People v Hamilton, 115 AD3d at 26 ).	1	2017–2017
People v. Tiger green nyappdiv · 2017 1 sentence 2017A freestanding claim of actual innocence is cognizable in New York, and a defendant who establishes his or her actual innocence by clear and convincing evidence is entitled to relief under CPL 440.10 (1) (h) (see People v Tiger, 149 AD3d 86 [2017]; People v Hamilton, 115 AD3d 12, 15 [2014]). “ ‘[A]ctual innocence’ means factual *623 innocence, not mere legal insufficiency of evidence of guilt, and must be based upon reliable evidence which was not presented at the trial’ ” (People v Griffin, 120 AD3d 1257, 1257 [2014], quoting People v Hamilton, 115 AD3d at 23 ).	1	2017–2017

Where else courts name it

IL 126 (1996–2026) IN 34 (2001–2020) CT 27 (1997–2026) OH 25 (2019–2026) IA 22 (2018–2026) TX 19 (1997–2024) NY 12 (2014–2021) MO 12 (2003–2024) NM 9 (2007–2025) WA 7 (2006–2020) NV 7 (2009–2016) MI 5 (2014–2020) FL 5 (1983–2017) TN 4 (2009–2024) OR 4 (2018–2024) PA 4 (2015–2026) ME 3 (1998–2016) UT 3 (2015–2020) VA 3 (2004–2019) CA 3 (2018–2022) VI 2 (2023–2023) WI 2 (2013–2013) AK 2 (2018–2025) MT 2 (2013–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check