What is the test for a motion to vacate a conviction for false imprisonment?
"New York", United States of America
The following excerpt is from People v. Podinker, 210 N.Y.S.2d 174, 27 Misc.2d 282 (N.Y. Gen. Sess. 1961):
The petitioner's right to due process under the constitutions of New York State and the United States, Const. art. 1, 6; U.S.Const. Amend. 14 (Napue v. People of State of Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217) having been violated, the judgment of conviction is vacated and set aside.
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