Count Dismissed and New Trial Ordered in Burglary Case
Appellate Advocates client Wilfredo Rivera was convicted of second-degree burglary and related offenses after a trial at which his videotaped, pre-arraignment statement to law enforcement officials was introduced into evidence. On appeal, Appellate Advocates argued that a "preamble" that was read to Mr. Rivera before he waived his Miranda rights rendered those rights inadequate. The Second Department agreed, reversing the conviction and ordering a new trial on the second-degree burglary and fourth-degree grand larceny counts. The court also dismissed a lesser count because the evidence was insufficient to uphold the conviction.
Allegra Glashausser briefed and argued the case for Appellate Advocates.