Jason L. Russo, Esq.
Jason L. Russo, a former New York prosecutor with 25 years of experience in criminal law, is a partner at Gaitman & Russo, LLP, a boutique law firm practicing Federal and State criminal defense, criminal appeals, and post-conviction relief. He can be reached directly at 877-707-5659 or at https://www.notguiltyli.com/contact-us/
In today’s New York Criminal Caselaw Roundup we’ll be discussing the latest in developments of New York criminal law, criminal appeals, and post-conviction relief.
Cases that we’ll cover include Criminal Sale of a Controlled Substance in the Third Degree, Conspiracy in the Second Degree, ineffective assistance of counsel, motion to withdraw guilty plea, and more.
The New York Criminal Caselaw Roundup is a blog and video podcast by criminal defense and appeals lawyers Jason L. Russo and Steven J. Gaitman summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of New York. Each week we digest the latest reversed convictions throughout the New York Appellate Divisions and the New York Court of Appeals, as well as the United States Court of Appeals and the United States Supreme Court.
This is a FREE service designed to give you the cutting edge of developments in New York criminal law, appeals, and post-conviction relief.
Visit us at www.notguiltyli.com
COURT OF APPEALS
No cases reported
FIRST DEPARTMENT
No Reversals Reported
SECOND DEPARTMENT
CLICK TO READ People v. Winston V. Rose, Docket # 2017-01068
Conviction after guilty plea to Criminal Sale of a Controlled Substance in the Third Degree, Conspiracy in the Second Degree held in abeyance. At sentencing, Defendant moved pro se to withdraw his guilty plea on the basis of ineffective assistance of counsel. Because his lawyer took a position adverse to him, Defendant was deprived effective assistance, case remanded for new consideration of motion to withdraw guilty plea.
THIRD DEPARTMENT
CLICK TO READ People v. Richard B. Gaworecki, Docket # 110055
People’s appeal to motion to dismiss charges in Indictment, with respect to the manslaughter count, the People alleged that defendant sold the victim heroin, which resulted in his subsequent overdose and death. The trial court granted the motion to dismiss that count, and the People appealed. The Third Department reversed, findingthat Defendant was on actual notice that the heroin he sold was too potent, and reinstated the charge.
FOURTH DEPARTMENT
No decisions reported
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SPECIFIC SEARCH TERMS (TAGS)
Criminal Sale of a Controlled Substance in the Third Degree, Conspiracy in the Second Degree, ineffective assistance of counsel, motion to withdraw guilty plea
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