Court of Appeals Leave Grants

Court of Appeals Grants Leave to Address Prosecutor's Use of PowerPoint in Summation

06/19/2015

In 2011, Appellate Advocates client Leonard Williams was convicted of burglary in the first degree, criminal possession of a weapon in the second degree, and assault in the second degree.  On December 31, 2014, the Appellate Division, Second Department, unanimously affirmed the conviction.  Appellate Advocates sought leave to appeal to the Court of Appeals, contending that the case raised important questions related to the propriety of  a prosecutor's use of a PowerPoint presentation during summation.  On June 19, 2015, Judge Eugene F. Pigott, Jr., granted the leave application.   

Alex Donn of Appellate Advocates represented Mr. Williams in the Appellate Division and will continue to represent him in the Court of Appeals.  

 
Decisions

New Trial Ordered In Robbery Case

06/10/2015

People v. Pride: The defendant’s conviction of first-degree robbery (2 counts) was reversed because the court failed to conduct an independent source hearing after suppressing a suggestive lineup.  

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Decisions

Robbery Conviction Reversed

06/10/2015
People v. Brown: The defendant’s conviction was reversed and sent back for a new trial because the court failed to follow the O’Rama protocol in responding to a jury note indicating that an impasse had been reached.     READ MORE >
Decisions

Client's Sentence Reduced by Half

05/27/2015
People v. Etheridge: The Second Department held that the previous sentence, imposed after a probation violation, was excessive.    READ MORE >
Decisions

Count Dismissed and New Trial Ordered in Burglary Case

05/27/2015
People v. Rivera: The Second Department suppressed the defendant's statement because of a Miranda violation and ordered a new trial.     READ MORE >
Decisions

Conviction Reversed Because of Jury Selection Error

05/27/2015
People v. Grant: Defense counsel had legitimate reasons for striking juror.    READ MORE >
Decisions

Indictment Dismissed Because of Delayed Prosecution

05/272015
People v. AllardThe defendant’s conviction of menacing as a hate crime was reversed, and the indictment dismissed, because the People failed to bring the case to trial in the time allotted to them under the speedy trial statute.   READ MORE >
Decisions

Second Department: Mistake to Grant Upward Departure

05/27/2015
People v. Perkins:  Appellate court reverses defendant’s designation as a level three (high risk) sex offender and designates him a level two (moderate risk) offender.   READ MORE >
Decisions

Appellate Division: Only One SORA Adjudication Permitted Per "Current Offense"

05/20/2015
People v. Cook: Second Department reverses SORA adjudication in unusual case involving two SORA adjudications in different counties.     READ MORE >
Decisions

Second Department Reverses Conviction on 75 Sexual Misconduct Counts

05/14/2015

People v. Singh: The defendant’s conviction on 73 counts was dismissed as duplicitous or against the weight of the evidence, and a new trial was ordered on the remaining two counts because of prosecutorial misconduct during summation.

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Miscellaneous

U.S. Supreme Court Denies Cert Petition in Queens Booking Cases

05/14/2015

On Monday, May 4, 2015, the United States Supreme Court declined to reconsider the Court of Appeals's favorable decision in People v. Dunbar and People v. Lloyd-Douglas, the cases arising out of the Queens Booking Interview Program.  

Allegra Glashausser and Leila Hull successfully argued the case in the Court of Appeals and opposed the petition for certiorari.  

 
Decisions

In 3-2 Split, Two Second Department Judges Vote to Reverse Conviction in Murder Case

04/29/2015
People v. Clark: Dissenting judges say that justification defense should have been charged to the jury.    READ MORE >
Decisions

Second Department Modifies Predicate Felony Adjudication

04/30/2015
People v. Millazzo: The defendant's case will be remanded to the trial court for resentencing.     READ MORE >
Decisions

Conviction Reversed Because of Improper Police Search at Hospital

04/30/2015

People v. Salvodon: The defendant’s conviction of first-degree assault, first-degree burglary, first-degree robbery, and lesser charges, was reversed, evidence was suppressed, and a new trial was ordered.

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Decisions

Second Department Finds Document Inadmissible as "Business Record" and Orders New Trial in Grand Larceny Case

04/30/2015
People v. Cordova:  Court reverses convictions of grand larceny in the third degree and falsifying business records.     READ MORE >
Decisions

Murder Conviction Reversed for Prosecutorial Misconduct

04/30/2015
People v. Martinez: The defendant’s conviction for second-degree murder was reversed and remanded for a new trial based on the prosecutor’s misconduct.   READ MORE >
Decisions

Burglary Conviction Reversed

04/22/2015
People v. Garnes: Counts dismissed because of merger doctrine and new trial ordered because of errors   READ MORE >
Decisions

Second Department Reverses First-Degree Robbery Conviction

04/22/2015
People v. Lowery:  Court should listen to lawyer, not defendant, regarding submission of lesser-included offenses   READ MORE >
Court of Appeals Leave Grants

Court of Appeals Grants Leave on Batson Issue

04/08/2015
People v. Bridgeforth: Court of Appeals Judge Jenny Rivera grants leave on issues concerning discrimination during jury selection.     READ MORE >
Decisions

Top Court Orders New Trial in Homicide Case

04/07/2015
People v. Dubarry:  Court of Appeals reverses conviction and orders new trial for client serving 20-to-life for murder.     READ MORE >
Decisions

New Trial Ordered Because of Prosecutor's Misconduct

04/08/2015
People v. Rowley: The Appellate Division, Second Department, reversed the defendant's conviction of criminal possession of a weapon in the second degree because the prosecutor committed misconduct while cross-examining the defendant and on summation.     READ MORE >
Decisions

Weapon Possession Conviction Reversed

4/08/2015

People v. Verni: The defendant’s conviction for second-degree weapon possession was reversed and sent back for a new trial because the court failed to submit a lesser-included offense of misdemeanor weapon possession to the jury. 

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Court of Appeals Leave Grants

Judge Lippman Grants Leave on Issue Involving Speedy Trial and Ineffectiveness

04/02/2015
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Decisions

Case Remitted for Resentencing

04/02/2015
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Court of Appeals Leave Grants

Leave Granted By Dissenter in Case About Spectators' Tee-Shirts

04/02/2015
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Miscellaneous

Double Jeopardy Brief Filed in Second Circuit

04/02/2015
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Decisions

Burglary Sentence Reduced

03/25/2015
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Decisions

Gun Conviction Vacated: Verdict Was Against Weight of the Evidence

3/25/2015
People v. Joyner: The Appellate Division, Second Department vacated Mr. Joyner’s conviction for second-degree criminal possession of a weapon, finding the guilty verdict was against the weight of the evidence. Mr. Joyner will be released immediately.    READ MORE >
Decisions

Two SORA Risk Level Determinations Reversed

3/11/2015
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Decisions

Conviction Reversed for Improper Rebuttal

2/25/2015
People v. Yohance Crevelle:  The Appellate Division reversed Mr. Crevelle’s attempted second-degree murder conviction because of improper alibi rebuttal testimony   READ MORE >
Decisions

Court Upholds Dismissal of Top Count

2/25/2015

People v. Nayley Lazaro: The Appellate Division upheld the trial court’s post-verdict dismissal of attempted first-degree assault

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Decisions

Divided Court Upholds Conviction Despite Anonymous Testimony

2/18/2015

People v. Ricardo Ricketts 

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Decisions

Court Should Have Excused Three Jurors Who Could Not Be Fair

2/18/2015

People v. Nicholas Reyes

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Decisions

Sentence Reduced

02/11/2015
People v. Rommel Mitchell   READ MORE >
Decisions

Split Panel Upholds Robbery Conviction

02/02/2015
People v. Louis Speaks   READ MORE >
Decisions

Robbery Conviction Reversed Because of Suggestive Identification

12/24/2014
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Miscellaneous

Second Circuit to Hear Double Jeopardy Case

12/24/2014
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Decisions

Appellate Division Suppresses Evidence

11/26/2014
People v. Alston: The Appelalte Division suppressed evidence found during a search at a hospital, finding that Mr. Alston, a victim, retained a reasonable expectation of privacy in his property at the hospital and his ambiguous statement to the officer was not consent to search.     READ MORE >
Decisions

Court of Appeals Reverses Second-Degree Murder Conviction

11/24/2014

People v. Pamela Hanson: Court of Appeals reversed a second-degree murder conviction because the trial judge failed to respond to two of the jury’s notes during deliberation. 

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Decisions

Conviction Reversed: Defendant Denied his Right to a Speedy Trial

11/2/2014

People v. Nnamdi Clarke: The Appellate Division held that Mr. Clarke’s right to a speedy trial was denied because “the People failed to exercise due diligence in obtaining the DNA sample” from Mr. Clarke, the more than 5 months between the taking of the oral swab in June 2009 and the obtaining of the results in November 2009 was chargeable to the People. 

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Decisions

Landmark Court of Appeals Decision Upholds Miranda Rights in the Face of Systematic Anti-Miranda Protocol

10/28/2014
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Decisions

Defendant Can Withdraw His Guilty Plea

10/29/2014
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Decisions

Appellate Division Reverses Murder Conviction

10/29/2014
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Court of Appeals Leave Grants

Concurring Justice Grants Leave in Gun Possession Case

10/21/2014
People v. Sean John: The Appellate Division affirmed Mr. John’s conviction of second-degree criminal possession of a weapon and second-degree menacing, finding that police lawfully opened and seized a gun box without a warrant from a shared basement under the “plain view” doctrine. The judge who wrote a concurring opinion granted leave to the Court of Appeals.   READ MORE >
Decisions

Burglary Conviction Dismissed

10/08/2014
People v. Nathaniel Issac: Insufficient evidence to convict Mr. Issac of burglary and criminal mischief.   READ MORE >
Decisions

Resentencing Ordered

10/1/2014

People v. Durant: The Appellate Division vacated Mr. Durant’s adjudication as a second violent felony offender and ordered resentencing. 

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Decisions

Court Finds Sexual Assault Reform Act Violated Ex Post Facto Clause

10/01/2014
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Decisions

Divided Panel Orders a New Trial in Second-Degree Burglary Case

9/24/2014
People v. Delvillatron: Police had no probable cause to arrest Mr. Delvillatron so the statement he made to officers had to be suppressed. Consequently, the Appellate Division reversed his conviction.    READ MORE >
Miscellaneous

Court of Appeals Argument: Is the Queens Pre-Arraignment Interrogation Program Unconstitutional?

09/19/2014

In 2007, the Queens County District Attorney began a pre-arraignment interrogation program in which thousands of uncounseled defendants were questioned by district attorneys in Central Booking immediately prior to their arraignments. Jermaine Dunbar, Collin Lloyd-Douglas and Eugene Polhill were three of those thousands.  In each case, members of the Queens District Attorney’s office read the defendants a set script before reading their Miranda rights. 

Thursday, the Court of Appeals heard argument about the constitutionality of the Queens Central Booking pre-arraignment interrogation program.

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