New York Court of Appeals
The People of the State of New York, Respondent v. Clifford Jones, Appellant
December 19, 201424 N.Y.3d 623
Summary
The New York Court of Appeals held that it may review a summary denial of a CPL 440.10(1)(g) motion for newly discovered evidence under an abuse‑of‑discretion standard, found that the Appellate Division abused its discretion in denying the defendant’s motion, and ordered a hearing on the motion. The Court overruled the limited‑review rule from People v. Crimmins and remanded the case for further proceedings. Justice 030concurrence dissented, arguing that a hearing was mandatory under CPL 440.30(5).