Notable Decisions and Other News

Decisions

Conviction Overturned Because of Improperly Admitted Rikers Calls

03/13/2019
People v. Matthew Robinson: The Second Department held that the prejudice of the Rikers phone calls outweighed their probative value.     READ MORE >
Decisions

Second Department Reverses Robbery Conviction Because of Evidentiary Errors

03/13/2019
People v. David Gonsalves: The Second Department held that the errors were not harmless and ordered a new trial.     READ MORE >
Decisions

Second Department Finds Officer's Testimony Incredible, Reverses Suppression Ruling

03/06/2019
People v. Zabi Maiwandi: The Second Department held that the officer's testimony was "patently tailored to meet constitutional objections."   READ MORE >
Decisions

Conviction Reversed Because of Error Regarding Justification Charge

02/27/2109
People v. Angel Rosario: The Appellate Division, Second Department, reversed appellant's conviction and ordered a new trial.     READ MORE >
Decisions

Second Department Orders New Decision on Suppression Issue

12/26/18
People v. Michael Thomas:  The Second Department held appellant's appeal in abeyance and remitted the case to the Supreme Court, Queens County, for a new suppression ruling.     READ MORE >
Decisions

Client's Sentence Reduced

12/19/2018
People v. Nicolus Bailey: The Second Department held that the trial court erred in imposing consecutive sentences on appellant's convictions of three counts of criminal possession of a weapon in the third degree.     READ MORE >
Decisions

Second Department Orders Three Sentences to Run Concurrently

12/19/2018
People v. John Smith: The Appellate Division, Second Department, held that the defendant's sentences on three counts of criminal possession of a weapon in the third degree should run concurrently, rather than consecutively.     READ MORE >
Decisions

New Trial Ordered in Robbery Case

09/19/2018
People v. Ramirez: The Appellate Division, Second Department, held that a detective improperly bolstered the complainant's identification of appellant.     READ MORE >
Decisions

Weapon Possession Count Dismissed

09/26/2018
People v. Tromp: The Appellate Division, Second Department, held that the indictment was defective because it failed to allege an element of the crime.     READ MORE >
Decisions

New Trial Ordered on Murder Count

07/11/2018
People v. Cherry: The Appellate Division, Second Department, held that the lower court erred in denying defense counsel's request to charge a lesser included offense.     READ MORE >
Decisions

Second Department Reverses Murder Conviction, Orders New Trial

04/16/2018
People v. Augustus: The trial court erred in denying appellant's motion to controvert a search warrant.   READ MORE >
Decisions

Client's Second Felony Offender Adjudication Vacated

03/21/2018
People v. Poullard: The People failed to establish that appellant’s prior conviction of credit card fraud in Virginia qualified as a New York felony.    READ MORE >
Decisions

New Trial Ordered Because of Charge Error

03/21/2018
People v. Drayton-Archer: The lower court erred in delivering a jury charge on the automobile presumption.   READ MORE >
Decisions

Second Department Dismisses Indictment in Gun Case

03/07/2018
People v. White: The Second Department held that the lower court erred in denying counsel's suppression motion.     READ MORE >
Decisions

Second Department Reverses Rape Conviction

01/17/2018
People v. Hernandez-Beltre: The Second Department held that the defense had proven the defense of lack of criminal responsibility by reason of mental disease or defect.     READ MORE >
Decisions

Client's Sentence Reduced by 15 years

01/10/2018
People v. Tendilla-Fuentes: The Second Department ordered that appellant's sentences should run concurrently.     READ MORE >
Decisions

Assault Conviction Reversed Because of Jury Selection Error

12/20/2017
People v. Francois: The Second Department held that the trial court erred in denying a for-cause challenge made by defense counsel during jury selection.     READ MORE >
Decisions

Reversing Conviction, Court of Appeals Breaks New Ground on Cross-Racial ID Issue

12/17/2017
People v. Boone: The Court of Appeals set forth the circumstances under which the cross-racial identification charge must be given.     READ MORE >
Decisions

Second Department Modifies Sentence in Murder Case

11/15/2017
People v. Lopez: The Court held that the imposition of consecutive terms was improper.     READ MORE >
Decisions

Second Department Suppresses Evidence Because of Illegal Search

11/08/2017
People v. Newson: The Court dismissed the entire case, except for two traffic violations.     READ MORE >
Decisions

Second Department Reverses Attempted Murder Conviction

11/08/2017
People v. Tavarez: The Court ordered a new trial because of a Confrontation Clause Violation.    READ MORE >
Decisions

In 3-2 Decision, Second Department Reverses Manslaughter Conviction

10/25/2017
People v. Vargas: The Court ordered a new trial.    READ MORE >
Decisions

Second Department Reverses Murder Conviction Because of Charge Error

07/19/2017
People v. Riley: The Court ordered a new trial because the lower court erred in refusing to deliver an accomplice-in-fact charge.     READ MORE >
Decisions

Court of Appeals Reverses Robbery Conviction

06/27/2017

People v. Price: The Court held that People had failed to properly authenticate a photograph found on a social media website.  

  READ MORE >
Decisions

Appellate Term Dismisses Top Count

05/02/2017
People v. Hosue: The court held that appellant's conviction of attempted endangering the welfare of a child was against the weight of the evidence.     READ MORE >
Decisions

High Court Reverses Conviction, Orders New Trial

05/02/17
People v. Smalling: The Court of Appeals held that, under the circumstances, the trial court committed reversible error when it delivered a constructive possession charge in response to a jury note.     READ MORE >
Decisions

Second Department Orders New Trial in Gang Assault Case

05/10/2017
People v. Ramirez: The court reversed appellant's conviction because the prosecutor committed misconduct on summation.     READ MORE >
Decisions

Two Court of Appeals Wins for One Client in SORA Case

03/30/17
People v. Cook: The Court of Appeals reversed the lower court's assessment of points under Risk Factor 7 and also found in favor of the defendant on a procedural issue.     READ MORE >
Decisions

Appellate Division Grants New Trial Because of Prosecutorial Misconduct

12/30/2016
The Appellate Division, Second Department, Grants New Trial Given Prosecutial Misconduct in Summation   READ MORE >
Decisions

New York Court of Appeals Grants New Trial Given Batson Violation

12/22/2016
The New York Court of Appeals Grants a New Trial Given a Batson Violation   READ MORE >
Decisions

Appellate Division Lowers Sex Offender Designation

11/30/2016
People v. Chen:  The Appellate Division, Second Department, lowers sex offender designation given improper weapon assessment.   READ MORE >
Decisions

Appellate Division Grants New Trial Given Improper Limit on Cross-Examination

11/23/2016
People v. Jahmal Enoe:  The Appellate Division, Second Department, grants a new trial given the improper limitation of cross-examination of a police officer about a federal civil rights lawsuit.   READ MORE >
Decisions

Appellate Division Runs Sentences Concurrently

11/16/2016
People v. Michel:  The Appellate Division, Second Department, rules consecutive sentencing improper for murder and weapon possession charges.   READ MORE >
Decisions

Court of Appeals Affirms Dismissal of Indictment on Speedy Trial Grounds

10/25/2016
People v. Clarke:  The New York Court of Appeals affirms the dismissal of the indictment on speedy trial grounds given the People's failure to exercise due diligence in obtaining appellant's DNA sample.   READ MORE >
Decisions

Court of Appeals Affirms Dismissal of Indictment on Speedy Trial Grounds

10/20/2016
People v. Dru Allard:  The New York Court of Appeals affirms the dismissal of the indictment on speedy trial grounds.   READ MORE >
Decisions

Appellate Division Grants New Trial Given Appellant's Absence From Courtroom

10/19/2016
People v. Daniel Gray: The Appellate Division, Second Department, grants new trial given appellant's absence from courtroom.   READ MORE >
Decisions

Appellate Division Grants New Trial in Murder Case Given Evidentiary Errors

10/19/2016
People v. Roger Thomas:  The Appellate Division, Second Department, grants new trial in murder case on interest of justice grounds given evidentiary errors.   READ MORE >
Decisions

Second Department Reverses Suppression Ruling

10/05/2016
People v. Houston:  Second Department grants suppression on search-incident-to-arrest issue, finding warrantless search of bag unjustified given lack of exigent circumstances.   READ MORE >
Decisions

Appellate Term Orders Hearing on Speedy Trial Issue

09/20/2016
People v. Morena: Appellate Term Orders Hearing on Speedy Trial Issue   READ MORE >
Decisions

Second Department Reverses Suppression Ruling

08/31/2016
People v. Anderson: Second Department reverses suppression ruling, finding search of bag incident to arrest unlawful given lack of exigent circumstances.   READ MORE >
Court of Appeals Leave Grants

Dissenting Justice Grants Leave to Appeal

08/05/2016
People v. Johnson: Dissenting Justice Grants Leave to Appeal to the New York Court of Appeals on Fourth Amendment and Other Issues.   READ MORE >
Decisions

Second Department Reduces Sentence on One Conviction, Orders New Trial on Another

07/27/2016
People v. Wilson:  The court reversed the defendant's conspiracy conviction and ordered a new trial because of a jurisdictional issue.     READ MORE >
Decisions

High Court Establishes Confrontation Rule Regarding DNA Evidence

07/22/2016
People v. Sean John: The Court of Appeals reversed the defendant's conviction and ordered a new trial.     READ MORE >
Decisions

C.P.L. 440 Ruling Reversed

07/13/2016
People v. Moore:  The Appellate Division, Second Department, held that trial counsel was ineffective for failing to advocate for an immigration-safe sentence.    READ MORE >
Decisions

Gun and Drug Conviction Reversed as Against the Weight of the Evidence

07/13/2016
People v. Oneill: The Appellate Division, Second Department, dismissed the indictment.     READ MORE >
Court of Appeals Leave Grants

Court of Appeals Grants Leave to Address Trial Counsel’s Obligation to Protect the Defendant’s Right to Appeal

07/07/2016
People v. Arjune:  The defendant's appeal was dismissed for failure to prosecute.     READ MORE >
Decisions

Second Department Reverses Murder Conviction

07/06/16
People v. Redd: The court ordered a new trial because of the prosecutor's "pervasive" misconduct.     READ MORE >
Decisions

Conviction Reversed Because of Miranda Violation

06/22/2016
People v. Cleverin: The People failed to establish that the defendant's Miranda waiver was knowing, intelligent, and voluntary.     READ MORE >
Court of Appeals Leave Grants

Leave Granted to Examine Use of Youthful Offender Adjudications in SORA Context

06/09/2016
People v. Francis: The SORA hearing court ruled that the defendant's youthful offender adjudication could serve as the basis for the assessment of points for a "prior felony conviction."    READ MORE >
Decisions

Suppression Ruling Reversed

06/08/2016
People v. Avinger: The Second Department held that the People had failed to identify any exigency justifying a warrantless entry.     READ MORE >