COURT OF APPEALS

No reversals reported.

FIRST DEPARTMENT

CLICK TO READ People v. John Hop Wah, Indictment # 1083-2012 (2019 NY Slip Op 02973)

Conviction for Assault in the Second Degree reversed, new trial ordered, trial court failed to properly instruct a jury that if they found Defendant not guilty as to the top count because of justification (self-defense) then it must not consider the remaining assault counts.  There is a dissenting opinion.

http://www.nycourts.gov/reporter/3dseries/2019/2019_02973.htm

CLICK TO READ People v. Reginald Goldman, Indictment # 1114-2012 (2019 NY Slip Op 02976)

Conviction for Manslaughter in the First Degree and sentence of 25 years reversed, motion to suppress DNA evidence obtained by search warrant granted, new trial ordered.  Trial court improperly precluded defense counsel from reviewing the People’s application for a search warrant to obtain a sample of defendant’s saliva for DNA purposes and from participating in the substantive portion of the hearing on the application.  Defendant was in custody on a separate unrelated case at the time.  In addition, at trial the People failed to adequately authenticate an incriminating YouTube video under the standards set forth in People v Price (29 NY3d 472 [2017]), which was decided after defendant’s trial. The authentication testimony was essentially limited to testimony that the video shown in court was the same as the one posted on YouTube and another website, and that defendant appears in the video. Accordingly, there was no authentication under any of the methods discussed in Price.

http://www.nycourts.gov/reporter/3dseries/2019/2019_02976.htm

CLICK TO READ People v. Thein Stewart, Indictment # 6138-2011 (2019 NY Slip Op 03142)

First Department affirms granting of 440 motion based on ineffective assistance of counsel, counsel was ineffective in failing to make a proper speedy trial motion and filing one prematurely

http://www.nycourts.gov/reporter/3dseries/2019/2019_03142.htm

SECOND DEPARTMENT

29 Criminal Cases Reported this week and 0 reversals.

THIRD DEPARTMENT

CLICK TO READ People v. Bikeo K. Edwards, Docket # 109582

Guilty plea to Attempted Criminal Possession of a Weapon in the Second Degree reversed, Superior Court Information dismissed, waiver of indictment insufficient because the Superior Court Information failed to set forth the approximate time of the offense and was not signed in open court.

FOURTH DEPARTMENT

CLICK TO READ People v. Sid S. Harrison, Docket # 17-02232

Conviction after trial of Criminal Possession of a Controlled Substance in the Seventh Degree, Obstructing Governmental Administration in the Second Degree, Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, and Failure to Stop at a Stop Sign reversed and Indictment dismissed.  Trial court erroneously denied CPL § 30.30 motion to dismiss on speedy trial grounds.  Pre-paid vacation of a prosecution witness not sufficient to establish unavailability of a witness.

CLICK TO READ People v. Quentin Suttles, Docket # 16-02364

Conviction for Criminal Possession of a Weapon in the Second Degree reversed, motion to suppress granted, Indictment dismissed.  Defendant in a parked car prevented from leaving by two police cars was a seizure not supported by founded suspicion.

CLICK TO READ People v. Benjamin M. Wassell, Docket # 18-01593

Criminal Possession of a Weapon in the Third Degree and Criminal Sale of a Firearm in the Third Degree reversed, Indictment dismissed.  Sale of an AR-15 rifle to an undercover police officer but prosecuted by the Attorney General was invalid, Attorney General has no general prosecutorial authority, no evidence in the record the Superintendent of State Police requested the Attorney General to prosecute.

CLICK TO READ People v. Delshawn S. Jackson, Docket # 14-01877

Conviction after jury trial of Criminal Sexual Act in the First Degree and Menacing in the Third Degree reversed, statements suppressed, and new trial ordered.  During questioning after his arrest, Defendant unequivocally asserted his right to counsel by asking, “May I have an attorney please, a lawyer?”

CLICK TO READ People v. Bradford M. Clark, Jr., Docket # 15-01095

Conviction for Assault in the First Degree reversed and new trial ordered.  Trial court abused its discretion in denying challenge for cause against two prospective jurors who did not give unequivocal assurances they could be fair and impartial

CLICK TO READ People v. Thomas Beebe, Docket # 18-00993

People’s appeal of order granting motion to dismiss Indictment on statutory and Constitutional speedy trial grounds AFFIRMED.  Defendant extradited to Pennsylvania shortly after his arrest, People were aware of extradition but did nothing to secure his appearance and did not make diligent efforts to secure his return from Pennsylvania.