People v. Glinton
| Citation | 74 N.Y.2d 779,543 N.E.2d 736,545 N.Y.S.2d 93 |
| Parties | , 543 N.E.2d 736 The PEOPLE of the State of New York, Respondent, v. Charles GLINTON, Appellant. |
| Decision Date | 11 July 1989 |
| Court | New York Court of Appeals Court of Appeals |
Salvatore D. Ferlazzo, Albany, for appellant.
Robert M. Morgenthau, Dist. Atty. (Julie Freudenheim, New York City, of counsel), for respondent.
The order of Supreme Court should be affirmed.
Supreme Court acted within its discretion in denying defendant's motion to vacate his 1959 judgment of conviction without an evidentiary hearing. The merits of the "newly discovered evidence" issue raised in this collateral proceeding were previously decided on a prior CPL 440.10 motion (CPL 440.10 [3] [b].
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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5 cases
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People v. Lewis
...says that a court "may" deny a motion to vacate if the ground was raised on a prior CPL 440 motion (People v. Glinton, 74 N.Y.2d 779, 780, 545 N.Y.S.2d 93, 543 N.E.2d 736; see also, People v. Moolenaar, 207 A.D.2d 711, 616 N.Y.S.2d 590, 591). The use of the word "may" indicates that the cou......
- People v. Robinson
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People v. Sheppard
...considered and resolved upon the prior appeal, they are not now properly before us ( seeCPL 440.10[3][b]; People v. Glinton, 74 N.Y.2d 779, 780, 545 N.Y.S.2d 93, 543 N.E.2d 736 [1989];People v. De Oliveira, 223 A.D.2d 766, 769, 636 N.Y.S.2d 441 [1996],lv. denied88 N.Y.2d 1020, 651 N.Y.S.2d ......
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People v. De Oliveira
...or could have been, raised on his direct appeal or in the context of his original CPL 440.10 motion (see, People v. Glinton, 74 N.Y.2d 779, 780, 545 N.Y.S.2d 93, 543 N.E.2d 736; People v. Sanchez, 212 A.D.2d 487, 488, 624 N.Y.S.2d 803, lv. denied 85 N.Y.2d 980, 629 N.Y.S.2d 740, 653 N.E.2d ......
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