What is the test for a motion to vacate a conviction for murder in the second degree?
"New York", United States of America
The following excerpt is from People v. Jimenez, 9 N.Y.S.3d 594 (Table) (N.Y. Sup. Ct. 2015):
Defendant moves pursuant to Criminal Procedure Law (hereinafter CPL) 440.10(1)(b), 440.10(1)(d), 440.10(1)(f), 440.10(1)(g), and 440 .10(1)(h) to vacate his judgment of conviction for Murder in the Second Degree. Defendant's motion is premised upon several grounds: a claim of actual innocence; newly discovered evidence; and violation of his due process rights under Brady v. Maryland, 373 U.S. 83 (1963).
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