Notable Decisions and Other News

Decisions

Trial Court Erred Regarding Appellant's Predicate Status

December 16, 2015

After pleading guilty to two crimes in Kings County Supreme Court, Thomas Mitchell was sentenced as a second felony offender on the basis of a prior federal conviction for "bank burglary."  On appeal, Appellate Advocates argued that this conviction was not a “predicate felony conviction” for sentencing purposes because the statutory elements of bank burglary are not equivalent to those of a New York felony.  Reaching the issue in the interest of justice, the Second Department agreed and remanded the case to the trial court for Mr. Mitchell's sentencing as a first-time felony offender.  

Erica Horwitz briefed the case on behalf of Appellate Advocates.