New York Court of Appeals Overturns Harvey Weinstein Conviction, Orders New Trial

Harvey Weinstein Mugshot

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

Appellate Division Third Department (from 3d Dept website)

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.

Latest News in New York Criminal Law by Defense Attorney Jason Russo – December, 2023

New York State Unified Court System Seal

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.

NY Governor Vetoes Bill That Allowed Challenges to Felony Convictions

Governor Kathy Hochul - Official Portrati

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 York Criminal Law by Attorney Jason L. Russo – November, 2023

New York Court of Appeals

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

New York Appellate Division Map

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.

Second Circuit Criminal Caselaw Roundup by Jason Russo – October, 2023

Second Circuit Courthouse - Panorama

In this edition of the Second Circuit Criminal Caselaw Roundup, we’ll cover murder in aid of racketeering, RICO, murder, 18 U.S.C. § 1959, Hobbs Act, Hobbs Act Robbery, conspiracy to distribute cocaine, ineffective assistance of counsel, 28 U.S.C. § 2255, Certificate of Appealability, and more.

Former Attorney for Trump Pleads Guilty in Georgia Case, Agrees to Cooperate

Sidney Powell Mugshot in Georgia

Attorney for Donald Trump Pleads Guilty in Georgia Case, Agrees to Cooperate Against Trump

Sidney Powell, a former attorney for Donald Trump, has entered a guilty plea to six misdemeanor charges at a Fulton County courthouse in Georgia. These charges revolve around conspiracy to commit intentional interference with the performance of election duties regarding the 2020 election.

Judge Issues Partial Gag Order in Trump Election Interference Case

United States District Court Judge Tanya S. Chutkan

On Monday, October 16, 2023, U.S. District Judge Tanya S. Chutkan agreed to impose certain limitations on former President Donald Trump’s public statements regarding his election interference case pending in the District of Columbia court. These restrictions prohibit the former president and his legal team from making inflammatory remarks targeting Special Counsel Jack Smith, his staff, court personnel, and potential witnesses who may testify in the proceedings.

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