A former state lawyer should get a hearing over whether to vacate his conviction for harassing his black neighbors, behavior that he said was precipitated by his use of anti-depressants, an upstate appellate court ruled.
A unanimous panel of the Appellate Division, Third Department, said in People v. Hennessey, 105342, that a hearing should have been conducted by Albany County Court Judge Stephen Herrick (See Profile) before he denied James Hennessey’s CPL 440.10 motion to vacate his conviction on two counts of second-degree aggravated harassment.
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