12 New York opinions name it 3 courts 2014–2025 2 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.
| Case | Followed | Cited |
|---|---|---|
People v. Hamiltongreen2 sentences2021Regardless of the sufficiency or the strength of the People's case, the defendant was not required to affirmatively demonstrate his actual innocence in this procedural posture ( see CPL 220.60[3]; cf. People v Hamilton , 115 AD3d 12, 27 [setting forth the actual innocence standard applicable to postjudgment motions pursuant to CPL article 440]). 2017Finally, we reject defendant's contention that the court erred in "failing to address and grant his actual innocence claim." Given the respective standards of proof for a newly discovered evidence claim and an actual innocence claim ( compare People v Hamilton , 115 AD3d 12 , 24-27 with CPL 440.10 [1] [g]; 440.30 [6]), new evidence that is insufficient to create a probability of a more favorable verdict warranting a new trial logically cannot establish a meritorious claim of actual innocence. | 3 | 6 |
People v. Podeswagreen2 sentences2025In our view, County Court did not abuse its discretion in denying the remainder of defendant's motion without holding an evidentiary hearing on the actual innocence claim. [FN4] A hearing under CPL article 440 "is only required if the submissions show that the nonrecord facts sought to be established are material and would entitle the defendant to relief" ( People v Podeswa , 205 AD3d 1139, 1140-1141 [3d Dept 2022], lv denied 38 NY3d 1135 [2022]). 2025In our view, County Court did not abuse its discretion in denying the remainder of defendant's motion without holding an evidentiary hearing on the actual innocence claim. [FN4] A hearing under CPL article 440 "is only required if the submissions show that the nonrecord facts sought to be established are material and would entitle the defendant to relief" ( People v Podeswa , 205 AD3d 1139, 1140-1141 [3d Dept 2022], lv denied 38 NY3d 1135 [2022]). | 1 | 1 |
People v. Shipmangreen1 sentence2021It is clear that "an arguable claim [*4]of innocence" ( People v East , 39 AD2d at 606 ) may alone provide a basis for granting a presentence motion to withdraw a plea, even where the evidence of innocence is "far from conclusive" ( People v De Jesus , 199 AD2d at 530 ; see People v Shipman , 14 NY2d 883, 883 ; People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ). | 1 | 1 |
Garvey v. Rielagreen1 sentence2020As such determinations are within the express purview of the Court of Claims, and, upon review, they are supported by the record evidence, we discern no reason to disturb same on appeal ( see Groce v State of New York , 272 AD2d 519, 520 [2000]; Taylor v State of New York , 266 AD2d 385 , 385 [1999], lv denied 94 NY2d 764 [2000]). | 1 | 1 |
Barnhard v. Cybex International, Inc.green2 sentences2017We thus conclude that the court's rejection of defendant's newly discovered evidence claim, which is supported by the record, constituted an implicit rejection of his actual innocence claim as well ( cf. People v Chattley , 89 AD3d 1557, 1558 ), and we affirm the order. 2017We thus conclude that the court’s rejection of defendant’s newly discovered evidence claim, which is supported by the record, constituted an implicit rejection of his actual innocence claim as well (cf. People v Chattley, 89 AD3d 1557, 1558 [2011]), and we affirm the order. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. East
neutral
1 sentence2021It is clear that "an arguable claim [*4]of innocence" ( People v East , 39 AD2d at 606 ) may alone provide a basis for granting a presentence motion to withdraw a plea, even where the evidence of innocence is "far from conclusive" ( People v De Jesus , 199 AD2d at 530 ; see People v Shipman , 14 NY2d 883, 883 ; People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ). | 1 | 2021–2021 |
People v. McIntyre
neutral
1 sentence2021It is clear that "an arguable claim [*4]of innocence" ( People v East , 39 AD2d at 606 ) may alone provide a basis for granting a presentence motion to withdraw a plea, even where the evidence of innocence is "far from conclusive" ( People v De Jesus , 199 AD2d at 530 ; see People v Shipman , 14 NY2d 883, 883 ; People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ). | 1 | 2021–2021 |
People v. Arcuri
green
1 sentence2021It is clear that "an arguable claim [*4]of innocence" ( People v East , 39 AD2d at 606 ) may alone provide a basis for granting a presentence motion to withdraw a plea, even where the evidence of innocence is "far from conclusive" ( People v De Jesus , 199 AD2d at 530 ; see People v Shipman , 14 NY2d 883, 883 ; People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ). | 1 | 2021–2021 |
People v. Barnes
green
1 sentence2021It is clear that "an arguable claim [*4]of innocence" ( People v East , 39 AD2d at 606 ) may alone provide a basis for granting a presentence motion to withdraw a plea, even where the evidence of innocence is "far from conclusive" ( People v De Jesus , 199 AD2d at 530 ; see People v Shipman , 14 NY2d 883, 883 ; People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ). | 1 | 2021–2021 |
People v. De Jesus
green
1 sentence2021It is clear that "an arguable claim [*4]of innocence" ( People v East , 39 AD2d at 606 ) may alone provide a basis for granting a presentence motion to withdraw a plea, even where the evidence of innocence is "far from conclusive" ( People v De Jesus , 199 AD2d at 530 ; see People v Shipman , 14 NY2d 883, 883 ; People v Leslie , 98 AD2d 977 ; People v Arcuri , 64 AD2d at 1028-1029 ; People v McIntyre , 40 AD2d 1038 ). | 1 | 2021–2021 |
Taylor v. State
green
1 sentence2020As such determinations are within the express purview of the Court of Claims, and, upon review, they are supported by the record evidence, we discern no reason to disturb same on appeal ( see Groce v State of New York , 272 AD2d 519, 520 [2000]; Taylor v State of New York , 266 AD2d 385 , 385 [1999], lv denied 94 NY2d 764 [2000]). | 1 | 2020–2020 |
People v. Tiger
green
1 sentence2018Allowing a collateral attack on a guilty plea obtained in a judicial proceeding that comported with all of the requisite constitutional protections on the basis of a delayed claim of actual innocence would be inconsistent with our jurisprudence and would effectively defeat the finality that attends a constitutionally obtained guilty plea. [FN6] {**32 NY3d at 102}Thus, a guilty plea entered in proceedings where the record demonstrates the conviction was constitutionally obtained will presumptively foreclose an independent actual innocence claim. | 1 | 2018–2018 |
Estelle v. Williams
green
1 sentence2018Presumption of Innocence The defendant was deprived of a fair trial because he was compelled to wear the same prison clothing for three days of jury selection and more than five days of trial testimony ( see Estelle v Williams , 425 US 501 ). | 1 | 2018–2018 |
People v. Deacon
green
2 sentences2017I also agree with the majority that defendant failed to establish his entitlement to relief through an actual innocence claim ( see People v Deacon , 96 AD3d 965, 970 , appeal dismissed 20 NY3d 1046 ). 2017I also agree with the majority that defendant failed to establish his entitlement to relief through an actual innocence claim (see People v Deacon, 96 AD3d 965 , 970 [2012], appeal dismissed 20 NY3d 1046 [2013]). | 1 | 2017–2017 |
People v. Rivera
green
1 sentence2017The People cite to two cases in support of this proposition, People v Conway ( 118 AD3d 1290 [2014]) and People v Rivera ( 117 AD3d 1475 [2014]). | 1 | 2017–2017 |
People v. Conway
green
1 sentence2017The People cite to two cases in support of this proposition, People v Conway ( 118 AD3d 1290 [2014]) and People v Rivera ( 117 AD3d 1475 [2014]). | 1 | 2017–2017 |
People v. Munoz
green
2 sentences2017I also agree with the majority that defendant failed to establish his entitlement to relief through an actual innocence claim ( see People v Deacon , 96 AD3d 965, 970 , appeal dismissed 20 NY3d 1046 ). 2017I also agree with the majority that defendant failed to establish his entitlement to relief through an actual innocence claim (see People v Deacon, 96 AD3d 965 , 970 [2012], appeal dismissed 20 NY3d 1046 [2013]). | 1 | 2017–2017 |
People v. Jimenez
green
1 sentence2016Thus, as there was an insufficient showing of possible merit, a hearing on defendant’s actual innocence claim was not warranted (see Hamilton, 115 AD3d at 27 ; Jimenez, 142 AD3d at 156 ; see also People v Jimenez, 46 Misc 3d 1220[A] , 2015 NY Slip Op 50147[U] [Sup Ct, Bronx County 2015] [affidavits containing the recantation of one of two eyewitnesses, and statements of two alibi witnesses, were untrustworthy and insufficient to warrant a hearing on the defendant’s actual innocence claim]). | 1 | 2016–2016 |
In re Aryeh-Levi K.
green
1 sentence2014(People v Shedrick, 66 NY2d 1015 [1985], rearg denied 67 NY2d 758 [1986]; Matter of Aryeh-Levi K., 134 AD2d 428 [2d Dept 1987].) Therefore, notwithstanding the direction in Hamilton that the hearing court consider “all reliable evidence,” the court denied admission of the writing for purposes of the instant actual innocence hearing. | 1 | 2014–2014 |
People v. Shedrick
green
1 sentence2014(People v Shedrick, 66 NY2d 1015 [1985], rearg denied 67 NY2d 758 [1986]; Matter of Aryeh-Levi K., 134 AD2d 428 [2d Dept 1987].) Therefore, notwithstanding the direction in Hamilton that the hearing court consider “all reliable evidence,” the court denied admission of the writing for purposes of the instant actual innocence hearing. | 1 | 2014–2014 |
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.