New York Criminal Caselaw Roundup with Michael J. Alber

New York Criminal Caselaw Roundup with Michael J. Alber – March 22, 2019

March 22, 2019

Michael J. Alber, Esq.

Michael J. Alber, Esq., is the principal of the Law Offices of Michael J. Alber, based in Long Island, New York. His team of attorneys concentrates in criminal defense, criminal and civil appeals, post-conviction relief, and matrimonial/family law. Stacked with former prosecutors and fierce litigators, Alber’s team represents clients throughout New York and Federal courts. You can contact him at 877-710-7821 or https://alberlegal.com/

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, writ of error coram nobis, SORA, Rape in the Third Degree, Burglary in the Second Degree, Criminal Trespass in the Second Degree, Confidential Informant, suppression, Darden hearing, evidentiary hearing, ineffective assistance of counsel, Independent source hearing, showup identification, Youthful Offender, Manslaughter in the First Degree, warrantless search and more.

The New York Criminal Caselaw Roundup is a blog and video podcast by criminal defense and appeals lawyer Michael J. Alber, 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.alberlegal.com

COURT OF APPEALS

No reversals

FIRST DEPARTMENT

People v. Stanley Holmes, Indictment # 5650-2010 (2019 NY Slip Op 02033)

Conviction after jury trial of Criminal Possession of a Weapon in the Second Degree and sentence of 16 years to life as a Persistent Felony Offender reversed, remanded for new suppression hearing and new trial; counsel improperly precluded from cross-examining police officer on facts of a § 1983 civil rights action which had settled.

You can read the opinion HERE:

http://www.nycourts.gov/reporter/3dseries/2019/2019_02033.htm

People v. Mitchel Golden, Indictment # 4261-2015 (2019 NY Slip Op 02027)

Guilty plea to Attempted Assault in the Second Degree on a Superior Court Information reversed, plea vacated. Defendant improperly promised SHOCK incarceration, which was impossible because of the violent felony

You can read the opinion HERE:

http://www.nycourts.gov/reporter/3dseries/2019/2019_02027.htm

SECOND DEPARTMENT

People v. Roman Kostyk, Docket # 2014-06843 and 2014-06844

Defendant pled guilty in two cases of Burglary in the Second Degree and Criminal Trespass in the Second Degree. At the time of his plea, the Supreme Court did not advise him of the potential immigration consequences. The case was remitted to allow the Defendant the opportunity to move to withdraw his guilty plea.

You can read the opinion HERE:

http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D58604.pdf

THIRD DEPARTMENT

People v. Maurice Hinson, Docket # 525876

Defendant pled guilty to Rape in the Third Degree and was adjudicated a Level 3 Sex Offender. The Third Department reversed, finding that the assessment of 20 points under Risk Factor # 4 for continuing course of sexual conduct was not established by clear and convincing evidence. Defendant pled guilty to and admitted only to one instance. The only evidence to the contrary was a double hearsay statement that was introduced at the SORA hearing that Defendant allegedly had sex with the complainant two times. The Third Department held the evidence was insufficient.

You can read the opinion HERE:

http://decisions.courts.state.ny.us/ad3/Decisions/2019/525776.pdf

FOURTH DEPARTMENT

People v. Al A. Givens, Docket # 16-00732

Conviction reversed for failure to present a Confidential Informant at a Darden hearing, the Confidential Informant died before the hearing and the People presented no testimony, evidence suppressed and indictment dismissed.