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 Grand Larceny in the Second Degree, Offering a False Instrument for Filing, Bribery in the Third Degree, right to trial by jury, Hobbs Act Robbery, use of a firearm in relation to a crime of violence, 18 U.S.C. § 924(c), stateless vessel, and more.
Continue reading this week’s roundup or watch this roundup episode on YouTube.
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. Owen Larman, Docket # 2017-05844
Conviction after trial of Grand Larceny in the Second Degree, Offering a False Instrument for Filing, Bribery in the Third Degree reversed. During deliberations, an alternate juror briefly participated in deliberations with 11 sworn members of the jury while the 12th sworn juror was absent from the jury room. The court denied a defense motion for a mistrial and instructed the 12 jurors to restart deliberations. Conviction reversed, the error deprived Defendant of his right to be tried by a jury of 12. New trial ordered.
THIRD DEPARTMENT
No reversals
FOURTH DEPARTMENT
No decisions reported
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CLICK TO READ United States v. Emory Watkins, Docket # 15-3292
Appeal of conviction for Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), and of use of a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A). In light of United States v. Davis, 588 U.S. ‐‐, 139 S. Ct. 2319 (2019), the conviction for 18 U.S.C. § 924(c) was vacated.
CLICK TO READ United States v. Javier Joaquin Alarcon Prado, Luis Armando Valencia Bautista, Hector Valencia Bautists, Docket # 16-1055
Appeal of conviction for conspiracy to distribute cocaine, and to possess cocaine with intent to distribute, while on board a stateless vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act, 46 U.S.C. §§ 70501 et seq. The indictment is dismissed because the government failed to demonstrate, as required by § 70504, that the vessel was subject to the jurisdiction of the United States.
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Jason Russo, Steve Gaitman, Jason L. Russo, Steven J. Gaitman, Jason Russo, Steve Gaitman attorney, Jason Russo, Steve Gaitman NY Attorney, Long Island Criminal Defense Lawyer, Long Island Criminal Defense Attorney, Suffolk County Criminal Defense Lawyer, Suffolk County Criminal Defense Attorney, Nassau County Criminal Defense Lawyer, Nassau County Criminal Defense Attorney, Gaitman & Russo, LLP, Criminal Defense lawyer, criminal defense attorney, Federal criminal defense lawyer, federal criminal appeal lawyer, New York criminal defense lawyer, New York Criminal Defense Attorney, New York Appeal Lawyer, New York Appeal Lawyers, New York Appeals Lawyer, New York Appeals Lawyers, New York criminal appeal lawyer, New York criminal appeal lawyers, New York criminal appeals lawyer, New York .criminal appeals lawyers, post conviction relief, post conviction relief lawyer, post conviction relief attorney, New York Appeal Attorney, New York Appeal Attorneys, New York Appeals Attorney, New York Appeals Attorneys, New York criminal appeal attorney, New York criminal appeal attorneys, New York criminal appeals attorney, New York criminal appeals attorneys, New York Appellate Lawyer, New York Appellate Lawyers, New York Appellate Lawyer, New York Appellate Lawyers, New York criminal appellate lawyer, New York criminal appellate lawyers, New York criminal appellate lawyer, New York criminal appellate lawyers, post conviction relief, post conviction relief lawyer, post conviction relief attorney, New York Appellate Attorney, New York Appellate Attorneys, New York Appellate Attorney, New York Appellate Attorneys, New York criminal appellate attorney, New York criminal appellate attorneys, New York criminal appellate attorney, New York criminal appellate attorneys,
SPECIFIC SEARCH TERMS (TAGS)
Grand Larceny in the Second Degree, Offering a False Instrument for Filing, Bribery in the Third Degree, right to trial by jury, Hobbs Act Robbery, use of a firearm in relation to a crime of violence, 18 U.S.C. § 924(c), stateless vessel
