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 we’ll cover include DNA, DNA Database, Youthful Offender, Assault in the Second Degree, ineffective assistance of counsel, CPL § 30.30, speedy trial, motion to dismiss, Attempted Murder in the Second Degree, 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 decisions reported
FIRST DEPARTMENT
CLICK TO READ People v. Siaka Coulibaly, Indictment # 3365-2014 (2019 NY Slip Op 04289)
Conviction of Assault in the Second Degree reversed for ineffective assistance of counsel, counsel incorrectly calculated speedy trial time under CPL § 30.30, resulting in denial of motion to dismiss. Judgment reversed, indictment dismissed.
CLICK TO READ Matter of Samy Figueroa v. Ralph Fabrizio, Index # 161-2018 (2019 NY Slip Op 04120)
Article 78 proceeding, First Department holds when DNA is collected during the investigatory phase of a particular crime that ultimately results in a youthful offender (YO) determination, whether the court has the authority to expunge the YO’s DNA profile from the State and local DNA databasea, along with the underlying DNA records
SECOND DEPARTMENT
CLICK TO READ People v. Upali Pelige, Docket # 2017-03758
Guilty plea to Attempted Murder in the Second Degree and promised sentence of 15 years imprisonment, sentence reversed. At the time of plea, there was no mention of a promised sentence, Department of Probation could not prepare a pre-sentence report because no interpreter was available, the information contained in the record of the plea proceeding, the sentencing proceeding, and the presentence investigation report was insufficient for a sentencing court to exercise discretion in determining an appropriate sentence.
THIRD DEPARTMENT
No Reversals Reported.
FOURTH DEPARTMENT
No cases reported.
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SPECIFIC SEARCH TERMS (TAGS)
DNA, DNA Database, Youthful Offender, Assault in the Second Degree, ineffective assistance of counsel, CPL § 30.30, speedy trial, motion to dismiss, Attempted Murder in the Second Degree
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