The decision People v. Hamilton1 is the first by an appellate court in New York to hold that a defendant might vacate his conviction if he could demonstrate that he was “actually innocent” of the crime of which he was convicted. Trial courts throughout the state are entertaining numerous “actual innocence” motions inspired by Hamilton.
‘People v. Hamilton’
The defendant Derrick Hamilton was convicted in 1993 of a 1991 murder. The key prosecution witness was the victim’s girlfriend, and although the defendant submitted a notice of alibi naming two witnesses, neither testified at the trial.
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