The Third Department withheld decision and directed the People to provide defense counsel with certain trial exhibits counsel was unable to access prior to perfecting the appeal: Defendant contends, among other things, that the People deprived him of an opportunity to develop an effective argument on appeal by failing to provide him with certain video […]
The Third Department, in an appeal by the People of a suppression ruling, determined the suppression motion should have been denied in its entirety. Defendant never made a motion to suppress information taken from his cell phone. Yet County Court apparently speculated that the police must have searched defendant’s cell phone before the Miranda warnings […]
The Third Department, over a partial two-justice dissent, determined the evidence did not support the serious physical injury element of assault first and reduced the conviction to attempted assault first. The victim was shot in the leg. The dissenters argued the serious physical injury element had been proven. The majority focused on weaknesses of the evidence […]
The First Department, reversing Supreme Court, determined defendant’s motion to vacate his conviction by guilty plea should have been granted. Defendant’s attorney erroneously told defendant a certificate of relief from civil liabilities would protect defendant from deportation: Defendant pleaded guilty to a felony relating to the sale of drugs in return for a promised sentence […]
The Third Department, reversing defendant’s conviction by guilty plea and dismissing the indictment, determined the court should have conducted a searching inquiry into defendant’s representing himself when he indicated he wished to testify at the grand jury at his first and second appearances in court: … [D]efendant appeared in City Court for arraignment on a […]
The Third Department, reversing defendant’s conviction, determined defense counsel’s for cause challenge to a juror should have been granted: Turning first to defendant’s contention regarding prospective juror No. 4 from round three, she indicated that she knew Ruth Crepet, a physician that the People intended to call as a witness, as Crepet was her primary […]
The First Dept, reducing the robbery second conviction to robbery third, determined the proof of substantial pain was insufficient: … [W]e agree with the defendant that the evidence was insufficient to establish “substantial pain” beyond a reasonable doubt to sustain his conviction of robbery in the second degree Penal Law § 160.10 [2] [a]). The […]
The First Department, reversing defendant’s assault first conviction, over an extensive dissent, determined it was reversible error to fail to instruct the jury that acquittal of the top count (attempted murder) based on the justification defense would require acquittal on the assault first count: “While the jury may have acquitted on the top charge without […]
The Third Department, vacating defendant’s guilty plea, determined the court did not adequately explain the rights defendant was giving up by pleading guilty: During the plea proceedings, County Court engaged in an abbreviated colloquy during which it made only a passing reference to the rights that defendant was giving up by pleading guilty. Notably, the […]
The Third Department determined the court should have inquired into the reasons for defendant’s failure to appear at sentencing before sentencing him in absentia: When defendant did not appear for sentencing on April 2, 2015, the court noted that defendant had been present for “each and every other occasion,” before issuing a bench warrant and […]
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