THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MARTIN TANKLEFF, Appellant.
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
December 18, 2007.
December 18, 2007.
Attorney(s) appearing for the Case
Baker Botts LLP, Washington, D.C. (Stephen L. Braga, Courtney G. Saleski and Sheila Kadagathur of counsel); Wilmer Cutler Pickering Hale & Dorr LLP, Washington, D.C. (Jennifer M. O'Connor and Brent Gurney of counsel); Kelley, Drye & Warren, LLP, Washington, D.C. (Barry J. Pollack and Dawn E. Murphy-Johnson of counsel); Law Offices of Bruce A. Barket, P.C., Garden City; Clifford Chance US LLP, New York City (Warren Feldman and Scott J. Splittgerber of counsel); and Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Mark F. Pomerantz of counsel), for appellant (one brief filed).
Thomas J. Spota, District Attorney, Riverhead (Leonard Lato of counsel), for respondent.
Marc Howard, Washington, D.C., amicus curiae pro se and for Adam Allen and others, amici curiae.
Kate Germond, Princeton, New Jersey, for Centurion Ministries, amicus curiae.
Barry C. Scheck and Olga Akselrod, New York City (Keith Findley on the brief), for The Innocence Project, Inc. and another, amici curiae.
Donald M. Thompson, Rochester, for New York State Association of Criminal Defense Lawyers and others, amici curiae.
Alison R. Flaum, Chicago, Illinois, for Peter Reilly and others, amici curiae.
Mayer, Brown, Rowe & Maw LLP, New York City (Andrew H. Schapiro and Timothy C. Lambert of counsel), for former New York prosecutors Michael Armstrong and others, amici curiae.
KRAUSMAN, FLORIO and DILLON, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Second Department.
OPINION OF THE COURT
RIVERA, J.P.
On the instant appeal, the primary issue presented is whether the County Court erroneously denied, after a hearing, the defendant's motion pursuant to CPL 440.10 (1) (g) and (h) to vacate two judgments of the same court, both rendered October 23, 1990, convicting him of murder in the second degree (two counts; one count as to each indictment), upon jury verdicts. For the reasons that follow, we grant that branch of the defendant...
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