Notable Decisions and Other News

Decisions

Appellate Division Reverses Lower Court’s Denial of Client’s Pro Se Sentencing Motion

June 18, 2014

Mr. Michael pled guilty to two counts of manslaughter in the first degree and one count of criminal possession of a weapon in the second degree in connection with a 1995 shooting.  Even though the gun he possessed was the same gun that he used in the shooting, the court sentenced him to a consecutive term of 1½ to 4½ years on the criminal possession of a weapon count. 

The lower court denied Mr. Michael’s pro se motion pursuant to C.P.L. § 440.20.  The Appellate Division reversed that decision and ordered that Mr. Michael be resentenced, with the criminal possession of a weapon count to run concurrently with the manslaughter counts.