People v. Fowler

Summary

The Appellate Division, Third Department reversed an order denying Joseph Fowler's CPL article 440 motion to vacate his judgment of conviction without a hearing. The court held that the County Court failed to address the People's argument that Fowler's jurisdictional challenge to the superior court information was procedurally barred under CPL 440.10 (3) (c), and remitted the matter for consideration of that issue.

Holdings

1. The Appellate Division could not determine the procedural-bar issue because its review power does not extend to issues not ruled upon by the trial court. The matter therefore had to be remitted to County Court for consideration of the issue.
2. Procedural bars to relief under CPL 440.10 are applicable to claims alleging jurisdictional defects.

Questions Presented

1. Whether the Appellate Division could decide the People's argument that defendant's jurisdictional challenge was procedurally barred under CPL 440.10(3)(c) when County Court had not ruled on that argument.
2. Whether procedural bars under CPL 440.10 apply to claims alleging jurisdictional defects.

Disposition

reversed_and_remanded