People v. Agosto

Criminal Practice

New York Law Journal


Justice Dominic Massaro

Agosto moved for a "reconstruction hearing" to determine "what happened" in the instant matter in order to utilise the information in his civil and criminal appeal. He was convicted of second degree murder, among other things, and the conviction and sentence were affirmed. Agosto claimed the instant Bronx conviction was relevant for sentencing purposes in Chemung County as a repeat offender. He claimed he filed appeals to the Appellate Division Third Department in two Chemung cases, and such appeals formed the basis for the reconstruction hearing on the murder trial. Agosto claimed he felt such trial impacted Chemung's jurisdiction over him, a writ of prohibition case and his contraband sentence. The court ruled that Agosto was not appealing his conviction in this case, concluding he made no showing justifying a reconstruction hearing 15 years after conviction. Instead, he sought reconstruction not for appeal purposes, but to use in an unrelated matter happening two decades after an original conviction. Thus, the court denied the reconstruction hearing.

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