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 Criminal Possession of a Weapon in the Second Degree, waiver of right to appeal, appeal waiver, Grand Jury proceedings defective, Grand Jury, Manslaughter in the First Degree, Batson challenge, discrimination in jury selection, jury selection, 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.
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COURT OF APPEALS
No reversals reported.
FIRST DEPARTMENT
CLICK TO READ People v. Henry Francisco, Indictment # 2196-2015 (2019 NY Slip Op 02821)
Conviction and denial of suppression affirmed, but appeal waiver invalid. During the allocution, the court said that, by pleading guilty, the defendant was waiving his right to “contest any search or seizure.” This was incorrect, confusing and rendered the subsequent written waiver invalid. Conviction for Attempted Criminal Possession of a Weapon in the Second Degree affirmed.
http://nycourts.gov/reporter/3dseries/2019/2019_02821.htm
CLICK TO READ People v. Jayvon McKinney, Indictment # 3829-2016 (2019 NY Slip Op 02950)
Trial court erroneously dismissed indictment based on police officer’s identification of Defendant in two videorecordings presented to the Grand Jury. Even though the officer did not witness the incident, he knew Defendant personally, and this testimony did not render the Grand Jury proceedings defective. Order reversed, indictment reinstated.
http://www.nycourts.gov/reporter/3dseries/2019/2019_02950.htm
CLICK TO READ People v. Nathaniel Taylor, Indictment # 5491-2011 (2019 NY Slip Op 02822)
1 year delay in sentencing required dismissal, delay was unreasonably long
http://www.nycourts.gov/reporter/3dseries/2019/2019_02822.htm
CLICK TO READ People v. Servicio Simmon, Indictment # 1289-2014 (2019 NY Slip Op 02952)
Conviction of Attempted Assault in the First Degree and Criminal Possession of a Weapon in the Second Degree and denial of suppression affirmed. A detective told the defendant that he would “probably be coming back” from the precinct, and he could bring his cell phone with him if he wished to do so. This was deceptive, because the detective intended to arrest the defendant and seize his phone. However, the deception was not so fundamentally unfair as to deny due process; it did not undermine the voluntariness of the defendant’s actions. The detective only suggested that the defendant might want to bring his phone, and the deception was not a type that would compel him to do so. Thus, the appellate court found no basis to suppress the contents of the phone, which was seized incident to a lawful arrest and searched after police obtained a search warrant.
http://nycourts.gov/reporter/3dseries/2019/2019_02952.htm
SECOND DEPARTMENT
CLICK TO READ People v. Willie Johnson, Docket # 2017-01075 (2019 NY Slip Op 02897)
Conviction of Manslaughter in the First Degree affirmed, Batson challenge denied, “young adults” is not a cognizable, protected class with regard to discrimination in jury selection.
http://nycourts.gov/reporter/3dseries/2019/2019_02897.htm
THIRD DEPARTMENT
No reversals reported.
FOURTH DEPARTMENT
No decisions until April 26, 2019.
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Criminal Possession of a Weapon in the Second Degree, waiver of right to appeal, appeal waiver, Grand Jury proceedings defective, Grand Jury, Manslaughter in the First Degree, Batson challenge, discrimination in jury selection, jury selection
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