People v. Jones

Summary

The Appellate Division, Third Department affirmed an order denying Bruce Jones's CPL 440.10 motion to vacate his conviction for criminal possession of a weapon in the second degree. The court held that Jones failed to prove by a preponderance of the evidence that the traffic stop leading to his arrest was based on racial profiling. The court deferred to County Court's credibility determinations and concluded that the evidence, including alleged racist comments and later social media posts by an officer, was insufficient to establish racial profiling.

Holdings

1. A defendant seeking to vacate a conviction under CPL 440.10 on the ground that the underlying stop was predicated on racial profiling bears the burden of proving that claim by a preponderance of the evidence.
2. Where the lower court had the opportunity to see and evaluate witnesses at a postconviction hearing, its credibility determinations are entitled to great deference and will not be disturbed absent a persuasive reason or rationale.

Questions Presented

1. Whether defendant proved by a preponderance of the evidence that the traffic stop was predicated upon racial profiling, warranting vacatur of the conviction under CPL 440.10.
2. Whether County Court's credibility determinations and rejection of defendant's racial-profiling claim should be disturbed on appeal.

Disposition

affirmed