The People of the State of New York v. . Oresto Shilitano

Summary

The New York Court of Appeals affirmed the conviction of Oresto Shilitano for first‑degree murder and affirmed the trial court's denial of a motion for a new trial. The court held that the recantations of prosecution witnesses did not constitute newly‑discovered evidence sufficient to warrant a new trial and that the trial judge had properly admitted the contested testimony. Justice Hogan dissented, arguing that the recantations created reasonable doubt and that a new trial was warranted. Justice Cardozo filed a concurring opinion, agreeing with the majority's conclusions.