Notable Decisions and Other News

Court of Appeals Leave Grants

Leave Granted: Court of Appeals to Review Whether Counsel Ineffective in Child Sex Abuse Case

September 3, 2014

In March 2014, the Appellate Division affirmed Mr. Ambers’s conviction for first- and second-degree course of sexual conduct against a child, second-degree rape, and endangering the welfare of a child (two counts), finding that he was not deprived of the effective assistance of counsel.

Last week, Judge Abdus-Salaam granted Mr. Ambers leave to appeal to the Court of Appeals.  The case raises the following issue:

Whether Mr. Ambers was denied the effective assistance of counsel when his attorney failed (a) to seek dismissal of two clearly time-barred child endangerment counts; and (b) to raise specific objections, to move for a mistrial, or to request curative instructions in response to clear misconduct by the prosecutor during summation.

Mark W. Vorkink briefed and argued the case in the Appellate Division and will continue to represent Mr. Ambers before the Court of Appeals.