For the first time in New York State, an appellate court has recognized that a freestanding claim of “actual innocence” is a ground for defendants to challenge their convictions.
In a case viewed as a significant development in the state’s criminal law, the Appellate Division, Second Department unanimously concluded the claim was cognizable as it ordered a hearing for Derrick Hamilton, who asserted his actual innocence in a Criminal Procedure Law 440.10 motion after being convicted for a 1991 murder in Brooklyn.
