We are not persuaded by the People's argument that the trial court properly denied defendant a hearing on his motion to vacate the judgment pursuant to CPL 440.30 (4) (d) (i) and (ii). This provision, which permits a trial court to reach the merits of a post-judgment motion without a hearing, is designed to weed out manufactured claims premised on nothing more than a defendant's self-serving affidavit. In the case at bar, however, there is independent support for defendant...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.