Narrative Opinion Summary
Michael Wilson appealed an order from the Onondaga County Court, which denied his motion to vacate a judgment convicting him of first-degree rape, predatory sexual assault against a child, and endangering the welfare of a child. The appeal was granted by a Justice of the Appellate Division, Fourth Department. The court unanimously reversed the lower court's order, citing legal grounds, and remitted the case back to the Onondaga County Court for a hearing in accordance with CPL 440.30 (5). This decision aligns with a previously established memorandum in a related case, People v. Wilson. The order was entered on June 8, 2018.
Legal Issues Addressed
Consistency with Precedentsubscribe to see similar legal issues
Application: The decision to reverse and remit was consistent with a previous memorandum in a related case.
Reasoning: This decision aligns with a previously established memorandum in a related case, People v. Wilson.
Post-Conviction Relief under CPL 440.30(5)subscribe to see similar legal issues
Application: The case was remitted for a hearing as required by the Criminal Procedure Law following the appellate court's finding.
Reasoning: The court unanimously reversed the lower court's order, citing legal grounds, and remitted the case back to the Onondaga County Court for a hearing in accordance with CPL 440.30 (5).
Reversal of Lower Court Decisionsubscribe to see similar legal issues
Application: The Appellate Division, Fourth Department, reversed the lower court's denial of Michael Wilson's motion to vacate the judgment against him.
Reasoning: The court unanimously reversed the lower court's order, citing legal grounds, and remitted the case back to the Onondaga County Court for a hearing in accordance with CPL 440.30 (5).