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PEOPLE v. TIGER

No. 62.

32 N.Y.3d 91 (2018)

110 N.E.3d 509

85 N.Y.S.3d 397

2018 NY Slip Op 04377

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NATASCHA TIGER, Respondent.

Court of Appeals of New York.

Decided June 14, 2018.

Attorney(s) appearing for the Case

David M. Hoovler, District Attorney, Goshen (Robert H. Middlemiss and Andrew R. Kass of counsel), for appellant.

Larkin, Ingrassia & Tepermayster, L.L.P., Newburgh (John Ingrassia and Chelsy Jones of counsel), for respondent.

White & Case LLP, New York City (Kenneth Caruso of counsel), Robert S. Dean, Center for Appellate Litigation, New York City, New York State Association of Criminal Defense Attorneys, White Plains (Richard D. Wilstatter of counsel), and Chief Defenders Association of New York, Bronx (Justine Olderman of counsel), for Center for Appellate Litigation and others, amici curiae.

Judges STEIN, FAHEY, GARCIA and FEINMAN concur; Judge GARCIA in a concurring opinion; Judge WILSON dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

The issue presented by this appeal is whether a claim of actual innocence lies under CPL 440.10 (1) (h) to vacate a judgment of conviction obtained upon a defendant's guilty plea. We hold that defendant's actual innocence claim is not a ground for relief.

I.

Defendant, a licensed...

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