In People v. Tiger, (Ct. App. 6/15/2018) (DiFiore, C.J.) (4-1-2), the Court of Appeals held that claims of actual innocence can not be brought under CPL 440.10(1)(h) after a defendant voluntarily pleads guilty.
This case involved a licensed practical nurse and caregiver who was charged with various crimes after she allegedly burned a disabled 10-year-old girl while bathing her. Following the incident, there was confusion as to whether the girl’s injuries were skin conditions caused by an allergic reaction to her medication or if they were in fact caused by scalding water. After plea negotiations, the defendant pleaded guilty to endangering the welfare of a vulnerable elderly person or an incompetent or physically disabled person in the first degree. During the plea colloquy, the defendant affirmed that “she was pleading guilty because she was, in fact, guilty.” Following the guilty plea, the family of the injured girl filed a civil lawsuit against Ms. Tiger. Based on the conflicting medical evidence as to the source of the girl’s injuries, the civil jury found that the nurse’s actions were not a substantial factor in causing the girl’s injuries but found instead that the injuries in question were caused by an allergic reaction to her medication.
At around the same time as the civil trial, the defendant moved to vacate the judgment under CPL 440.10(1)(h), relying on People v. Hamilton. CPL 440.10 (1) (h) allows a defendant to move to vacate where the judgment was obtained in violation of a defendant’s constitutional right. In Hamilton, the Second Department allowed for a free-standing actual innocence claim to be brought pursuant to 440.10(1)(h). The People opposed defendant’s motion, arguing Hamilton’s holding was limited to situations where a defendant was found guilty after trial, and therefore did not apply to guilty pleas which were voluntarily entered into by defendants. Continue reading