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PEOPLE v. JONES

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24 N.Y.3d 623 (2014)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD JONES, Appellant.

Court of Appeals of New York.

Decided December 16, 2014.

Attorney(s) appearing for the Case

Cleary Gottlieb Steen & Hamilton LLP, New York City ( Heather K. Suchorsky , Breon S. Peace , Robert W. May , Michael W. Holt , Tania G. Cohen and Yana V. Grishkan of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David M. Cohn and Susan Axelrod of counsel), for respondent.

Weil, Gotshal & Manges LLP, New York City ( Howard B. Comet , Melody E. Akhavan and Lisa Sokolowski of counsel), and Weil Gotshal & Manges LLP, Washington, D.C. ( David B. Hird , Sunny Thompson and Courtney Enlow of counsel), for The Innocence Project, amicus curiae.

Chief Judge LIPPMAN and Judges READ, SMITH and RIVERA concur; Judge ABDUS-SALAAM concurs in a separate concurring opinion.

OPINION OF THE COURT

Defendant sought an evidentiary hearing as part of his postjudgment motion to vacate his conviction on the ground that newly discovered evidence in the form of mitochondrial DNA (mtDNA) testing excluded him as the perpetrator of crimes of which he was convicted...

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