24 N.Y.3d 62 (2014)
The New York Court of Appeals can review lower courts’ discretionary denials of motions to vacate judgments based on newly discovered evidence (CPL 440.10[1][g]) to determine if there was an abuse of discretion, overruling the prior limitations set forth in People v. Crimmins.
Summary
Jones, convicted of rape, murder, and attempted robbery in 1981, sought to vacate his conviction based on newly discovered mtDNA evidence that excluded him as the source of hairs found at the crime scene. The lower courts summarily denied his motion without a hearing. The Court of Appeals reversed, explicitly overruling its prior holding in People v. Crimmins, which had held that such discretionary denials were not reviewable by the Court of Appeals. The Court held that the Appellate Division abused its discretion by not holding a hearing, given the significant DNA evidence and the People’s failure to present admissible evidence rebutting Jones’s claims.
Facts
In 1980, a woman was raped and a man was murdered in an apartment building. The rape victim identified Jones as the perpetrator. At trial, the victim’s testimony was the primary evidence against Jones. In 2008, Jones sought DNA testing of evidence from his trial, including a baseball cap found at the scene. mtDNA testing excluded Jones as the source of three hairs from the cap. DNA testing of fingernail scrapings from the victim also excluded Jones as a contributor. The rape victim was a heroin addict and admitted to using heroin on the day she identified the defendant in the lineup.
Procedural History
A jury convicted Jones in 1981. The Appellate Division affirmed the conviction, and leave to appeal to the Court of Appeals was denied. In 2008, Jones moved for DNA testing under CPL 440.30(1-a). After receiving mtDNA results, Jones moved to vacate his conviction under CPL 440.10(1)(g). Supreme Court summarily denied the motion. The Appellate Division affirmed, holding that even assuming the reliability of the mtDNA evidence, Jones hadn’t established a legal basis for a new trial. A dissenting Justice of the Appellate Division granted leave to appeal to the Court of Appeals.
Issue(s)
1. Whether the Court of Appeals has the power to review the Appellate Division’s summary denial of a motion to vacate a judgment based on newly discovered evidence under CPL 440.10(1)(g)?
2. Whether the Appellate Division abused its discretion in affirming the Supreme Court’s summary denial of Jones’s motion to vacate his conviction without a hearing, given the mtDNA evidence excluding him as a contributor?
Holding
1. Yes, because the Court of Appeals’ power to review discretionary orders extends to determining whether there has been an abuse of discretion as a matter of law, which constitutes a reviewable question of law.
2. Yes, because the significant DNA evidence favorable to Jones, coupled with the People’s failure to proffer admissible evidence in opposition, entitled Jones to a hearing on his motion.
Court’s Reasoning
The Court overruled People v. Crimmins, which had held that the Court of Appeals lacked the power to review discretionary denials of CPL 440.10(1)(g) motions. The Court reasoned that CPL 450.90(1) grants the Court of Appeals jurisdiction to review adverse orders from intermediate appellate courts. While the Court cannot weigh facts in non-capital cases, it can determine whether the lower courts abused their discretion as a matter of law, which is a reviewable legal question. The Court emphasized that forensic DNA testing has become a reliable means of connecting individuals to crimes and exonerating the wrongfully convicted. The Court found that Jones presented admissible evidence (the mtDNA report) supporting his claim, while the People’s opposition consisted of inadmissible hearsay. The Court stated: “[W]here… there is significant DNA evidence favorable to the defendant and the People proffer no admissible evidence in opposition to that evidence, defendant is, at the very least, entitled to a hearing on his motion.” In a concurring opinion, Judge Abdus-Salaam argued that CPL 440.30(5) mandates a hearing when the motion alleges a legal basis for relief and the statutory conditions for summary denial are not met.