Second Department Finds Burglary Sentence Excessive, Orders New Trial on Lesser Counts
Appellate Advocates client Damion Jackson was convicted of second-degree burglary and multiple lesser counts, including second-degree stalking and second-degree harassment. He received the maximum sentence of 15 years on the top count. The Second Department reduced his sentence to 10 years, reversed the stalking count because of an erroneous jury charge (reaching the issue in the interest of justice), and dismissed the harassment count as unconstitutional.
Samuel Brown briefed and argued the case on behalf of Appellate Advocates.