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 Mental Health Court, Criminal Mischief in the Third Degree, Reckless Endangerment in the Second Degree, SORA hearing, Level 3 Sex Offender, sex offender registration, Failing to Register as a Sex Offender, Attempted Assault in the First Degree, Criminal Possession of a Weapon in the Third Degree, justification, self-defense, Criminal Sexual Act in the First Degree, Endangering the Welfare of a Child, Molineaux evidence, Predatory Sexual Assault Against a Child, jury note, Burglary in the Third Degree, Criminal Possession of Stolen Property in the Third Degree, Criminal Possession of Stolen Property in the Fourth Degree, Possession of Burglar’s Tools, Discretionary Persistent Felony Offender, harsh and excessive sentence, ineffective assistance of counsel, 26 U.S.C. § 7206, adverse immigration consequences 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
No cases reported
FIRST DEPARTMENT
No Reversals Reported
SECOND DEPARTMENT
CLICK TO READ People v. Aura A. Dimon, Docket # 2017-01012
Guilty plea to Criminal Mischief in the Third Degree, Reckless Endangerment in the Second Degree reversed and vacated, Defendant was entitled to a hearing to determine whether she violated the terms of Mental Health Court
CLICK TO READ People v. Orlando Covington, Docket # 2018-05039
Designation of Level 3 Sex Offender after SORA hearing reversed, sex offender registration for Virginia conviction of murder of a child does not qualify the Defendant as a sex offender within the meaning of Correction Law § 168-a(2)(d)(ii)
CLICK TO READ People v. Raymond Wright, Docket # 2017-01039
Conviction upon guilty plea for Failing to Register as a Sex Offender reversed, homeless Defendant’s temporary stay at a friend’s house did not constitute failing to notify of a change of address, plea vacated.
THIRD DEPARTMENT
CLICK TO READ People v. Edward Daniels, Docket # 109319 and 109804
Conviction after trial of Attempted Assault in the First Degree, Criminal Possession of a Weapon in the Third Degree and 440 motion denied without a hearing, trial court improperly charged justification (self-defense)
CLICK TO READ People v. Jonathan R. Saxe, Docket # 109526
Conviction after trial of Criminal Sexual Act in the First Degree, Endangering the Welfare of a Child reversed, Molineaux evidence of alleged prior sexual contact with two female relatives was not necessary to complete the narrative or similar enough to show common plan or scheme, or intent or motive. New trial ordered
CLICK TO READ People v. Robert Johnson, Docket # 109364
Conviction after trial of Predatory Sexual Assault Against a Child remitted for a hearing, jury note was received and marked by the clerk, but never addressed, and the next thing on the record was the verdict. Case remitted for a hearing to determine whether the court was aware of the jury note before taking the verdict.
FOURTH DEPARTMENT
CLICK TO READ People v. David A. Brown, Docket # 16-01656
Conviction after trial for Burglary in the Third Degree, Criminal Possession of Stolen Property in the Third Degree, Criminal Possession of Stolen Property in the Fourth Degree, Possession of Burglar’s Tools affirmed, but sentence as Discretionary Persistent Felony Offender reversed and vacated, life sentence was unduly harsh and severe
CLICK TO READ People v. Victor J. Grimes, Docket # 17-01072
Conviction after trial of Burglary in the Second Degree reversed, court reporter’s stenographic machine failed during court’s handling of jury notes, and reconstruction hearing did not establish how the court handled the jury notes, new trial ordered.
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CLICK TO READ United States v. Luis Alex Carrasco, Docket # 17-2353
Defendant’s guilty plea to 26 U.S.C. § 7206 remanded for evidentiary hearing on whether Defendant received ineffective assistance of counsel based on failure to advise him of adverse immigration consequences
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SPECIFIC SEARCH TERMS (TAGS)
Mental Health Court, Criminal Mischief in the Third Degree, Reckless Endangerment in the Second Degree, SORA hearing, Level 3 Sex Offender, sex offender registration, Failing to Register as a Sex Offender, Attempted Assault in the First Degree, Criminal Possession of a Weapon in the Third Degree, justification, self-defense, Criminal Sexual Act in the First Degree, Endangering the Welfare of a Child, Molineaux evidence, Predatory Sexual Assault Against a Child, jury note, Burglary in the Third Degree, Criminal Possession of Stolen Property in the Third Degree, Criminal Possession of Stolen Property in the Fourth Degree, Possession of Burglar’s Tools, Discretionary Persistent Felony Offender, harsh and excessive sentence, ineffective assistance of counsel, 26 U.S.C. § 7206, adverse immigration consequence
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