New York Court of Appeals

The People of the State of New York, Respondent v. Gary Wright, Appellant

June 9, 201627 N.Y.3d 516

Summary

The New York Court of Appeals affirmed the Appellate Division's denial of the defendant's CPL 440.10 motion to vacate his conviction without a hearing. The Court held that the lower courts acted within their discretion because the motion papers failed to provide sworn allegations establishing an actual or operative conflict of interest, and the defendant did not demonstrate prejudice. Consequently, the conviction stands.