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SMITH v. PHILLIPS

No. 80-1082.

455 U.S. 209 (1982)

SMITH, CORRECTIONAL SUPERINTENDENT v. PHILLIPS

Supreme Court of United States.

Decided January 25, 1982

Attorney(s) appearing for the Case

Robert M. Pitler argued the cause for petitioner. With him on the briefs were Mark Dwyer and Vivian Berger.

William M. Kunstler argued the cause for respondent. With him on the briefs was C. Vernon Mason.*

JUSTICE REHNQUIST delivered the opinion of the Court.

Respondent was convicted in November 1974 by a New York state-court jury on two counts of murder and one count of attempted murder. After trial, respondent moved to vacate his conviction pursuant to § 330.30 of the N. Y. Crim. Proc. Law (McKinney 1971) (CPL),1 and a hearing on his motion was held pursuant to CPL § 330.40.

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