OPINION OF THE COURT
HINDS-RADIX, J.
The primary issue on this appeal, and an issue of first impression for an appellate court in this state, is whether a defendant's claim of actual innocence may be recognized as a ground to vacate a judgment of conviction pursuant to CPL 440.10 (1) (h), which authorizes a court to vacate a judgment which was obtained in violation of an accused's constitutional rights. For the reasons which follow, we hold that a "freestanding...
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