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 Criminal Possession of a Controlled Substance in the Third Degree, depraved indifference murder, felony murder, felony assault, attempted robbery, and two counts of weapon possession, illegal stop, illegal seizure, suppression, Fourth Amendment, effective assistance of counsel, ineffective assistance of counsel, Sixth Amendment, conflict of interest, Robbery in the First Degree, right to a fair trial, cooperation agreement, Assault in the Second Degree, jury instructions, written jury instructions, Indictment, dismissal, Reckless Endangerment in the First Degree, Murder in the Second Degree, Manslaughter in the Second Degree, Operating a Motor Vehicle While Under the Influence of Drugs, Vehicular Manslaughter in the Second Degree, exculpatory evidence, Grand Jury, Burglary in the Second Degree, Grand Larceny in the Third Degree, Criminal Mischief in the Fourth Degree, Sandoval ruling, Supervised Release, child pornography, ACCA, violent felony, 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
People v. Nicholas Hill, No. 27
Reversal of conviction for Criminal Possession of a Controlled Substance in the Third Degree, police officers who commanded Defendant to “stand right there” while they verified whether he knew a resident of the apartment building was a Level 3 seizure under DeBour not supported by reasonable suspicion.
https://www.nycourts.gov/ctapps/Decisions/2019/May19/27mem19-Decision.pdf
Potential conflict of interest implicated Defendant’s right to effective assistance of counsel, evidentiary hearing required on 440 motion. Defendant and co-defendant charged with depraved indifference murder, felony murder, felony assault, attempted robbery, and two counts of weapon possession
https://www.nycourts.gov/ctapps/Decisions/2019/May19/23mem19-Decision.pdf
People v. Agape A. Towns, No. 30
https://www.nycourts.gov/ctapps/Decisions/2019/May19/30opn19-Decision.pdf
Defendant was denied the right to a fair trial when the trial court negotiated and entered into a cooperation agreement with a codefendant requiring that individual to testify against defendant in exchange for a more favorable sentence. The trial court abandoned the role of a neutral arbiter and assumed the function of an interested party, thereby creating a specter of bias that requires reversal. Conviction of Robbery in the First Degree reversed.
FIRST DEPARTMENT
People v. Victor Peralta, Indictment # 5388-2015 (2019 NY Slip Op 03539)
Conviction for Assault in the Second Degree reversed, court provided written instructions to the jury over Defendant’s objection
http://www.nycourts.gov/reporter/3dseries/2019/2019_03539.htm
SECOND DEPARTMENT
People v. Christian Arevalo, Docket # 2018-06714 and 2018-06716
People’s appeal of dismissal of Indictment, order dismissing indictment reversed, charges of Reckless Endangerment in the First Degree, Murder in the Second Degree, Manslaughter in the Second Degree, Operating a Motor Vehicle While Under the Influence of Drugs, Vehicular Manslaughter in the Second Degree reinstated. Prosecutor not obligated to present exculpatory evidence to the Grand Jury.
http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D59300.pdf
People v. Darryl Walters, Docket # 2015-02515
Conviction for Burglary in the Second Degree, Grand Larceny in the Third Degree, Criminal Mischief in the Fourth Degree reversed, new trial ordered. Change in Sandoval ruling after Defendant testified violated Defendant’s right to a fair trial.
http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D59313.pdf
THIRD DEPARTMENT
No reversals this week.
FOURTH DEPARTMENT
No cases reported.
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
United States v. Donna M. Smith, Docket # 18-345
Appeal of 2 conditions of supervised release – to undergo periodic drug testing and treatment, and prohibition of consuming alcohol. District Court did not “make an individualized assessment when determining whether to impose” special conditions.
United States v. Joseph Vincent Jenkins, Docket # 14-4295
Appeal of 200 month sentence for possession and transportation of child pornography. Court’s determination that Defendant had committed prior sexual offenses almost exclusively on studies and statistics about sexually deviant behaviors among child pornography offenders.
United States v. Ronald Evans, Docket # 17-2245
Second Circuit holds second‐degree burglary under North Carolina law qualifies categorically as a violent felony under ACCA’s “enumerated clause.” Federal bank robbery qualifies categorically as a violent felony under ACCA’s “elements clause.”
GENERAL SEARCH TERMS (TAGS)
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SPECIFIC SEARCH TERMS (TAGS)
Criminal Possession of a Controlled Substance in the Third Degree, depraved indifference murder, felony murder, felony assault, attempted robbery, and two counts of weapon possession, illegal stop, illegal seizure, suppression, Fourth Amendment, effective assistance of counsel, ineffective assistance of counsel, Sixth Amendment, conflict of interest, Robbery in the First Degree, right to a fair trial, cooperation agreement, Assault in the Second Degree, jury instructions, written jury instructions, Indictment, dismissal, Reckless Endangerment in the First Degree, Murder in the Second Degree, Manslaughter in the Second Degree, Operating a Motor Vehicle While Under the Influence of Drugs, Vehicular Manslaughter in the Second Degree, exculpatory evidence, Grand Jury, Burglary in the Second Degree, Grand Larceny in the Third Degree, Criminal Mischief in the Fourth Degree, Sandoval ruling, Supervised Release, child pornography, ACCA, violent felony
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