ALBANY – Abandoning a rule it has observed for nearly 40 years, the Court of Appeals said Tuesday it would begin exercising the power to review whether lower courts that deny CPL 440.10 motions to vacate convictions have abused their discretion.
The unanimous court said it has been the rule since its decision in People v. Crimmins, 38 NY2d 407 (1975), that the review of a discretionary order denying a motion to vacate a judgment based on newly discovered evidence “ceases at the Appellate Division.”
