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 that we’ll cover include Felon-In-Possession of a Firearm, Double Jeopardy, sex offender registration, Grand Larceny in the Second Degree, Controlled Substance in the Third Degree, ineffective assistance of counsel, violation of probation, aggravated felony, mandatory deportation 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
UNITED STATES SUPREME COURT
CLICK TO READ Gamble v. United States, Docket # 17-646
Gamble plead guilty in Alabama court to the Alabama felon-in-possession of a firearm statute. Federal prosecutors then indicted him in Federal court for possession of the same gun under the Federal crime of felon-in-possession of a firearm, 18 U.S.C. § 922(g). He moved to dismiss, arguing Double Jeopardy applied. The Supreme Court denied his appeal, and affirmed the dual sovereignty doctrine.
CLICK TO READ Gundy v. United States, Docket # 17-6086
The Supreme Court held that the Federal Sex Offender Registration and Notification Act (SORNA) applies to people convicted of sex offenses before the Federal law was enacted. The Court upheld Herman Gundy’s conviction for failing to register as a sex offender under SORNA, even though his conviction occurred before SORNA was passed.
COURT OF APPEALS
No decisions this week.
FIRST DEPARTMENT
CLICK TO READ People v. Eduardo Disla, Indictment # 4006N-2012 (2019 NY Slip Op 04995)
Conviction for Criminal Possession of a Controlled Substance in the Third Degree reversed, Defendant was deprived of effective assistance when his counsel failed to advise him that his guilty plea to an aggravated felony would result in mandatory deportation
SECOND DEPARTMENT
No reversals reported
THIRD DEPARTMENT
CLICK TO READ People v. Pamela L. Johnson, Docket # 108808
Violation of Probation for Grand Larceny in the Second Degree reversed, Court’s finding that she violated probation was improper to the extent that it was based upon certain violations that were not enumerated or alleged in the violation of probation report; evidence that a defendant has been arrested for an additional criminal offense, without more, is insufficient to support a finding of a violation of probation
FOURTH DEPARTMENT
No decisions this week
GENERAL SEARCH TERMS (TAGS)
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SPECIFIC SEARCH TERMS (TAGS)
Felon-In-Possession of a Firearm, Double Jeopardy, sex offender registration, Grand Larceny in the Second Degree, Controlled Substance in the Third Degree, ineffective assistance of counsel, violation of probation aggravated felony, mandatory deportation
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