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 Rape in the First Degree, Youthful Offender status, SORA, Risk Level 3 Sex Offender, Sexual Predator, Rape in the Third Degree, Criminal Possession of a Weapon in the Second Degree, Superior Court Information, waiver of indictment, automatic override, Conspiracy to Distribute 100 Grams or More of Heroin, 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
No reversals this week
SECOND DEPARTMENT
35 reported criminal decisions and NOT ONE REVERSAL
THIRD DEPARTMENT
CLICK TO READ People v. Andrew M. Robertucci, Docket # 109656
Guilty plea to Rape in the First Degree, case remanded for determination of Youthful Offender status
CLICK TO READ People v. Robert Briscoe, Docket # 523192
SORA classification of Risk Level 3 Sex Offender and designation of Sexual Predator reversed, Rape in the Third Degree does not meet the statutory criterial for Sexual Predator designation,
CLICK TO READ People v. Roger Diego, Docket # 109323
Guilty plea to Criminal Possession of a Weapon in the Second Degree vacated, Superior Court Information and waiver of indictment were defective because charge to which Defendant pled guilty was not contained in the original felony complaint
CLICK TO READ People v. Vernon A. Jones, Docket # 520992
SORA classification of Risk Level 3 Sex Offender reversed, automatic override based on prior felony sex offense did not relieve the court of determining whether Defendant was a presumptive Level 3
FOURTH DEPARTMENT
No cases reported.
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CLICK TO READ United States v. John Pauling, Docket # 17-2539
Appeal by Government of order granting Defendant’s motion to vacate portion of jury verdict affirmed, evidence at trial was insufficient to establish quantity element of Conspiracy to Distribute 100 Grams or More of Heroin
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SPECIFIC SEARCH TERMS (TAGS)
Rape in the First Degree, Youthful Offender status, SORA, Risk Level 3 Sex Offender, Sexual Predator, Rape in the Third Degree, Criminal Possession of a Weapon in the Second Degree, Superior Court Information, waiver of indictment, automatic override, Conspiracy to Distribute 100 Grams or More of Heroin
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