People v. Jones

After a jury trial in 1981, Defendant was convicted of rape in the first degree, murder in the second degree, and attempted robbery in the first degree. During trial, Defendant pursued a mistaken identity defense. Defendant later moved to vacate his conviction and for a new trial pursuant to N.Y. Crim. Proc. Law 440.10(1) on the ground that newly discovered evidence in the form of mitochondrial DNA testing excluded him as the perpetrator of the crimes. Defendant sought an evidentiary hearing as part of his postjudgment motion. Supreme Court summarily denied Defendant’s motion. The Appellate Division affirmed, concluding that Defendant was not prejudiced by the absence of a hearing. The Court of Appeals reversed, holding (1) because the rule announced in People v. Crimmins that the power to review a discretionary order denying a motion to vacate judgment on the ground of newly discovered evidence cease at the Appellate Division needlessly restricts the Court of Appeals’ power of review concerning section 440.10(1)(g) motions, that part of the decision is overruled; and (2) in this case, the Appellate Division abused its discretion in summarily denying Defendant’s motion for an evidentiary hearing. Remanded. View "People v. Jones" on Justia Law