New York Court of Appeals Overturns Harvey Weinstein Conviction, Orders New Trial
Albany, NY – April 25, 2024
The New York Court of Appeals, the highest court in the State of New York, overturned Harvey Weinstein ’s 2020 rape conviction, finding the judge at the landmark #MeToo trial prejudiced the ex-movie mogul with “egregious” improper rulings, including a decision to let women testify about allegations that were not charged or otherwise part of the case.
Breaking News in New York Criminal Law by Jason Russo, Esq. – January, 2024
Cases we’ll cover include Criminal Contempt in the First Degree, Criminal Contempt in the Second Degree, Attempted Assault in the Third Degree, Harassment in the Second Degree, not responsible by reason of mental disease or defect, CPL § 330.20, civil commitment, dangerous mental disorder, Criminal Possession of a Controlled Substance in the Third Degree, deportation, aggravated felony, immigration consequences, ineffective assistance of counsel, Kidnapping in the Second Degree, Conspiracy in the Fifth Degree, motion in limine, Criminal Possession of a Weapon in the Second Degree, Penal Law § 265.03, reasonable suspicion, postrelease supervision, Post Release Supervision, suppression, and more.
Breaking News in New Jersey Criminal Law by Steven Gaitman, Esq. – January, 2024
Cases we’ll cover include Post conviction relief, PCR motion, evidentiary hearing, prosecutorial misconduct, hearsay, plain error, first-degree murder, N.J.S.A. 2C:11-3(a)(1), second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1) second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1), and more.
Latest News in New York Criminal Law by Defense Attorney Jason Russo – December, 2023
Cases that we’ll cover include identification, in-court identification, CPL § 30.30, Certificate of Compliance, illusory, speedy trial, CPL § 245.20, late discovery, late disclosure, Speedy Trial, canine search, canine sniff, Fourth Amendment, abandonment, suppression, right to counsel, Murder in the Second Degree, immigration consequences, Criminal Possession of a Forged Instrument in the Third Degree, Attempted Identity Theft in the Second Degree, Predatory Sexual Assault Against a Child, Rape in the First Degree, Rape in the Second Degree, Criminal Sexual Act in the Second Degree, waiver of indictment, Superior Court information, Class A Felony, jurisdictionally defective, Failure to Register as a Sex Offender, Criminally Negligent Homicide, Reckless Driving, Obscene Sexual Performance by a Child, Penal Law § 263.11, downward departure, Level One Sex Offender, mitigating factors, Level Two Sex Offender, and more.
Breaking News in New Jersey Criminal Law by Attorney Steve Gaitman – December, 2023
Cases we’ll cover include first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), two counts of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a)(1), second-degree sexual assault, N.J.S.A. 2C:14- 2(b), second-degree prostitution, N.J.S.A. 2C:34-1(b)(7), mistrial, Brad violation, exculpatory evidence, statute of limitations, video surveillance, Speedy Trial, motion to suppress, second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b(1), second-degree certain persons, N.J.S.A. 2C:39-7b(1), fourth-degree unlawful possession of hollow point bullets, N.J.S.A. 2C:39-3f(1), and third-degree receiving stolen property, N.J.S.A. 2C:20-7a, Luring, Enticing Child by Various Means statute, N.J.S.A. 2C:13-6(a), undercover officer, and more.
NY Governor Vetoes Bill That Allowed Challenges to Felony Convictions
Governor Kathy Hochul of New York vetoed a bill just days before Christmas that aimed to facilitate challenges to convictions for individuals who had pleaded guilty to crimes. The legislation would have amended New York Criminal Procedure Law Article 440. The bill, which garnered support from criminal justice reformers but faced vehement opposition from prosecutors, sought to broaden the grounds on which individuals could contest their convictions.
Latest News in New Jersey Criminal Law by Attorney Steve Gaitman
In today’s New Jersey Criminal Caselaw Roundup we’ll be discussing the latest in developments of New Jersey criminal law, criminal appeals, and post-conviction relief.
Cases we’ll cover include contempt, temporary restraining order, Aggravated Assault, N.J.S.A. 2C:12-1(b)(1), expungement, Due Process, questioning of a minor, juvenile, Miranda, first-degree murder, N.J.S.A. 2C:11-3(a)(1), first-degree robbery, N.J.S.A. 2C:15-1(a)(1), first-degree felony murder, N.J.S.A 2C:11-3(a)(3), second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a)(1), frisk, suppression, controlled dangerous substance, voir dire, jury selection, challenge for cause, Drug Recognition Expert, Daubert and more.
Latest News in New York Criminal Law by Attorney Jason L. Russo – November, 2023
In today’s New York Criminal Caselaw Roundupwe’ll be discussing the latest in developments of New York criminal law, criminal appeals, and post-conviction relief.
Cases that we’ll cover include Level 2 Sex Offender, Rape in the Second Degree, harmless error, right to confrontation, confrontation clause, autopsy report, warrantless search, Payton violation, suppression, consent to search, Molineux evidence, Second Amendment, New York State Rifle and Pistol Association v. Bruen, Miranda, SORA, Fourth Amendment, DNA testing, temporary lawful possession, Penal Law § 265.20(a)(1)(f), Murder in the Second Degree, Manslaughter in the First Degree, verdict against the weight of the evidence, Brady material, Aggravated Vehicular Homicide, Vehicular Manslaughter in the First Degree, Manslaughter in the Second Degree, Driving While Intoxicated, Leaving the Scene of an Accident Without Report, Reckless Driving, Promoting Prison Contraband in the First Degree, Criminal Possession of a Controlled Substance in the Fifth Degree and Promoting Prison Contraband in the Second Degree, Miranda,and more.
New York Criminal Caselaw Roundup with Attorney Jason Russo – October, 2023
Cases we’ll cover include Assault in the Third Degree, Speedy Trial, CPL 30.30, Rape Shield Law, Right to Present a Defense, Sexual Abuse in the First Degree, Assault in the Second Degree, Justification defense, Self Defense, suppression, Miranda warnings, Reckless Endangerment in the First Degree, mental competence, Rape in the Second Degree, Level Two Sex Offender, SORA, Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, Criminal Mischief in the Fourth Degree, Falsifying Business Records in the First Degree, Penal Law § 175.10, insufficient evidence, Criminal Possession of a Controlled Substance in the Third Degree, arrest warrant, Petit Larceny, and more.
New Jersey Criminal Caselaw Roundup with Steve Gaitman – October, 2023
Cases we’ll cover include motion in limine, jail call, murder, Third Degree Theft by Failure to Make Required Disposition of Property Received, N.J.S.A. 2C:20-9, insufficient evidence, third-degree unlawful possession of a handgun, N.J.S.A. 39-5(b)(1), fourth-degree contempt of court, N.J.S.A. 2C:29-9, motion to withdraw guilty plea, first-degree robbery, N.J.S.A. 2C:15-1(a), second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-5(b); and second-degree certain persons not to possess a firearm, N.J.S.A. 2C:39-7(b), third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10(a)(1) (count one); third-degree possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(5); second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b)(1), second-degree possession of a weapon during a CDS offense, N.J.S.A. 2C:39-4.1(a), second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b)(1), Murder, Possession of a Weapon for Unlawful Purpose, Disturbing Human Remains, Animal Cruelty, and Certain Persons Not to Have Weapons, suppression, probable cause, automobile exception, jury deliberations, deadlock, jury deadlock, juror dismissal, dismissal of juror, alternate juror, Gross hearing, prior inconsistent statement, and more
