Actual Innocence in New York: The Curious Case of People v. Hamilton
By Benjamin E. Rosenberg
This piece takes an in-depth look at the recent New York Appellate Division decision People v. Hamilton. In Hamilton, the Second Department allowed a freestanding actual innocence claim under New York law. While courts in some other states, including state appellate courts, have recognized such actual innocence claims, whether such claims should be recognized, and if so under what circumstances, is a very live issue in the federal courts and numerous state courts throughout the country.