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 Criminal Possession of
a Weapon 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, Attempted Murder in the Second Degree, motion
to withdraw guilty plea, alibi defense, Criminal Possession of a Weapon in the
Third Degree, gravity knife, 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
People v. Omar Alvarez, No. 13
https://www.nycourts.gov/ctapps/Decisions/2019/Mar19/13opn19-Decision.pdf
Petition for writ of error coram nobis affirmed. Defendant filed the petition 20 years after his conviction was affirmed. The majority opinion expressly rejected the People’s arguments that the coram nobis petition should be denied on the grounds of laches or failure to exercise due diligence. Failing to file a criminal leave application the Court of Appeals on direct appeal, such an omission does not, on its own, constitute ineffective assistance of counsel under either the Federal or State Constitutions.
Normally, there is no right to appeal from the denial of a petition for error coram nobis. The Court of Appeals took this case
There is a dissenting opinion by Judge Rivera which details the horrible job the appellate lawyer did on the brief and in communicating with the client – even the majority said this job was “not to be emulated.”
The dissent specifies exactly what NOT to do as an appellate lawyer.
FIRST DEPARTMENT
No reversals.
SECOND DEPARTMENT
People v. Cristo A. Sauri, Docket # 2017-02875
http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D58725.pdf
Conviction after trial for Criminal Possession of a Weapon in the Third Degree and traffic infraction of Failing to Signal reversed, felony charge dismissed. Evidence insufficient to establish that the knife was a “gravity knife.”
People v. Malcom McLean, Docket # 2017-07337
http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D58045.pdf
Conviction after trial of Criminal Possession of a Weapon in the Second Degree reversed and Indictment dismissed, People improperly amended the Indictment to change the date of offense after the defense provided alibi notice for the date originally charged in the Indictment and Voluntary Disclosure Form.
People v. Tyron Hollmond, Docket # 2015-02257
http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D58724.pdf
Guilty plea to Manslaughter in the First Degree and Attempted Murder in the Second Degree held in abeyance, case remanded for a new hearing on Defendant’s motion to withdraw guilty plea. Claims based on denial of right to counsel and involuntary plea based upon Defendant’s lack of access to his attorney.
THIRD DEPARTMENT
No reversals.
FOURTH DEPARTMENT
No decisions until April 26, 2019.
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SPECIFIC SEARCH TERMS
Criminal Possession of a Weapon 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, Attempted Murder in the Second Degree, motion to withdraw guilty plea, alibi defense, Criminal Possession of a Weapon in the Third Degree, gravity knife
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