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PEOPLE v. MAXWELL

2014-04353, Ind. No. 6592/05.

152 A.D.3d 622 (2017)

2017 NY Slip Op 05622

59 N.Y.S.3d 71

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE MAXWELL, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 12, 2017.

Ordered that the order is affirmed.

Contrary to the defendant's contention, the judgment of conviction should not be vacated on the basis that the defendant proved that he was actually innocent. A freestanding claim of actual innocence is cognizable in New York, and a defendant who establishes his or her actual innocence by clear and convincing evidence is entitled to relief under CPL 440.10 (1) (h) (see People v Tiger, 149 A.D.3d 86

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