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 we’ll cover include Risk Level 2 Sex Offender, SORA, downward departure, Rape in the Third Degree, abuse of discretion, Second Felony Offender, Penal Law § 70.06; conditional discharge, Criminal Sale of a Controlled Substance in the Third Degree, Federal Sentencing Guidelines, United States Sentencing Guidelines, cyberstalking, 18 U.S.C. § 2261A(2), making hoax threats, 18 U.S.C. § 1038(a)(1), Family Court, order of protection, 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 reversals reported.
FIRST DEPARTMENT
No reversals reported.
SECOND DEPARTMENT
No reversals reported.
THIRD DEPARTMENT
CLICK TO READ People v. David Secor, Docket # 525377
Risk Level 2 Sex Offender classification reversed, Defendant reclassified as Level 1, abuse of discretion not to grant defendant a downward departure where Defendant established by a preponderance of the evidence that the “victim” of this Rape in the Third Degree statutory rape offense was a willing participant and no force was used.
CLICK TO READ People v. Vernon Montague, Docket # 108733
Defendant improperly sentence as a Second Felony Offender pursuant to Penal Law § 70.06; original sentence of a conditional discharge in 2002 upon the his prior conviction for Criminal Sale of a Controlled Substance in the Third Degree was the controlling date, not his subsequent resentencing to state prison for violation of the conditional discharge. Prior sentence did not fall within 10-year look-back period.
FOURTH DEPARTMENT
No decisions until April 26, 2019.
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CLICK TO READ United States of America v. Juan Thompson, Docket # 18-74
Sentence of 60 months for cyberstalking, 18 U.S.C. § 2261A(2), making hoax threats, 18 U.S.C. § 1038(a)(1) reversed. District Court improperly applied 2-level sentence enhancement under United States Sentencing Guidelines § 2A6.2(b)(1)(A). Enhancement inapplicable because Defendant was not served with an order of protection in accordance with New York Family Court procedure, order was issued ex parte.
GENERAL SEARCH TERMS (TAGS)
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SPECIFIC SEARCH TERMS (TAGS)
Risk Level 2 Sex Offender, SORA, downward departure, Rape in the Third Degree, abuse of discretion, Second Felony Offender, Penal Law § 70.06; conditional discharge, Criminal Sale of a Controlled Substance in the Third Degree, Federal Sentencing Guidelines, United States Sentencing Guidelines, cyberstalking, 18 U.S.C. § 2261A(2), making hoax threats, 18 U.S.C. § 1038(a)(1), Family Court, order of protection
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