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 Waiver of right to appeal, appeal waiver, ineffective assistance of counsel, collateral attack 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
CLICK TO READ People v. Jose L. Bisono, et al, No. 97
In this consolidated case, the Court of Appeals held that the waivers of the right to appeal were invalid and unenforceable. In each case, the rights encompassed by an appeal waiver were mischaracterized during the oral colloquy and in written forms executed by Defendants, which indicated the waiver was an absolute bar to direct appeal, failed to signal that any issues survived the waiver and, advised that the waiver encompassed collateral relief on certain nonwaivable issues in both State and Federal courts – such as ineffective assistance of counsel. Because of this, the Court of Appeals held that the record did not support a finding that the Defendants comprehended the nature and consequences of a waiver of appellate rights.
FIRST DEPARTMENT
No Reversals Reported
SECOND DEPARTMENT
No Reversals Reported
THIRD DEPARTMENT
No Reversals Reported
FOURTH DEPARTMENT
No decisions reported.
SECOND CIRCUIT
No Reversals Reported
GENERAL SEARCH TERMS (TAGS)
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SPECIFIC SEARCH TERMS (TAGS)
Waiver of right to appeal, appeal waiver, ineffective assistance of counsel, collateral attack
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