New York Court of Appeals

The People of the State of New York, Respondent v. Stephen G. Schulz, Appellant

May 5, 20054 N.Y.3d 521

Summary

The Court affirmed the conviction, holding that the trial court did not err in excluding third‑party culpability evidence, that the evidence presented was sufficient to support a first‑degree robbery conviction, and that the defendant received effective assistance of counsel. It also held that the court lacks authority to review a discretionary denial of a CPL 440.10 motion based on newly discovered evidence. Justice Rosenblatt dissented in part, arguing that the denial of a hearing on the affidavit should be reversed.