AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON CRUZ, Appellant.

Ordered that the order is affirmed.

The Supreme Court properly exercised its discretion in denying, without a hearing, the defendant's motion to vacate a judgment of conviction. Not only did the defendant fail to make a showing of due diligence with respect to his claim of newly discovered evidence, but the evidence was not such that it would probably change the result in the event a new trial was granted ( see People v. Salemi, 309 NY 208, 216, cert denied 350 US 950; People v. Cabrera, 1 AD3d 375; People v. Latella, 112 AD2d 321).

Further, the defendant was provided with meaningful representation ( see People v. Benevento, 91 NY2d 708).

The defendant's remaining contentions are without merit ( see CPL 440.10 [c]; see also People v. Favor, 82 NY2d 254, 260-261).

Use AI to get other relevant cases.

Comments

PEOPLE v. CRUZ
(Nov 21, 2005)