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 440 motion, suppression, Boston Marathon bombing, Dzokhar Tsarnaev, death penalty 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 reversals reported.
FIRST DEPARTMENT
CLICK TO READ People v. Salvador Fernandez, Indictment # 3493-2011 (2020 NY Slip Op 04368)
Appeal of an order denying a 440 motion without a hearing. Order reversed, case remanded for evidentiary hearing.
Defendant’s motion to suppress was denied, and he directly appealed. On direct appeal, the First Department held that the record was insufficient to establish whether counsel’s conduct in handling suppression issues was a product of his misunderstanding of the applicable law, and suggested that Defendant could raise those issues in a 440 motion. Defendant filed a 440 motion, and his trial counsel refused to respond or supply an affidavit as to why he failed to move to suppress evidence.
The 440 motion was denied. The First Department reversed, finding that the court should have granted a hearing to enable the court to have subpoenaed trial counsel to testify or otherwise present evidence as to whether there were strategic or other reasons for his decisions with regard to the suppression proceedings.
SECOND DEPARTMENT
No reversals reported.
THIRD DEPARTMENT
No reversals reported.
FOURTH DEPARTMENT
No reversals reported.
SECOND CIRCUIT
No reversals reported.
BONUS CASE
CLICK TO READ United States v. Dzokhar A. Tsarnaev, Docket # 16-6001P-01A
This case is the Boston Marathon bombing on April 13, 2013. The Defendant was convicted and sentenced to death by a Federal jury in Boston, Massachusetts. The death sentence was reversed as a result of juror bias. This case is an interesting read, especially for people interested in death penalty cases.
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SPECIFIC SEARCH TERMS (TAGS)
440 motion, suppression, Boston Marathon bombing, Dzokhar Tsarnaev, death penalty
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