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 Murder in the Second Degree, Brady evidence, exculpatory evidence, harmless error, grand jury, Michigan, Home Invasion, Armed Career Criminal Act, enhanced sentencing, 18 U.S.C. § 924(e), felon in possession of a firearm, 18 U.S.C. § 922, Assault in the Second Degree, Criminal Possession of a Weapon in the Second Degree, Criminal Possession of a Weapon in the Third Degree, Depraved indifference murder, legally sufficient evidence, insufficient evidence, Sex Offender Registration Act, Megan’s Law, SORA, Level 3 Sex offender, Level 2 sex offender, clear and convincing evidence, aggravating factor, Robbery in the Second Degree, Menacing in the Second Degree, Criminal Possession of a Weapon in the Fourth Degree, identification defense, mistaken identity, Unlawful Imprisonment in the Second Degree, Antommarchi waiver, right to be present, critical stage, 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 Quarles v. United States, Docket # 17-778
Michigan crime of Third Degree Home Invasion burglary is a “violent felony” under 18 U.S.C. § 924(e) and qualifies for enhanced sentencing under the Armed Career Criminal Act, enhanced sentence to being a felon in possession of a firearm in violation of 18 U.S.C. §922(g)(1) unanimously affirmed.
COURT OF APPEALS
CLICK TO READ People v. John Giuca, Docket # 38
Grant of 440 motion for post-conviction relief reversed, conviction for Murder in the Second Degree reinstated; although prosecutor deliberately failed to disclose Brady evidence, evidence was harmless.
READ THE DISSENT
DAILY RANT: HARMLESS ERROR IS A FRAUD!!!!!
CLICK TO READ People v. Jaime Lopez-Mendoza, Docket # 43
This case highlights the exact reason why it is usually a horrible idea for a defendant to testify in the Grand Jury.
Attorneys: print a copy of this decision and give it to your clients.
Clients: read this and heed the warning.
FIRST DEPARTMENT
No Reversals Reported.
SECOND DEPARTMENT
CLICK TO READ People v. Michael Lewis, Docket # 2015-04319
SORA Level 3 Sex Offender determination reversed, Defendant adjudicated Level 2 Sex Offender, the People failed to establish, by clear and convincing evidence, that he actually attempted to flee with the child, an aggravating factor.
CLICK TO READ People v. Naveed Goondall, Docket # 2017-11058
New trial ordered for Robbery in the Second Degree, Menacing in the Second Degree, Criminal Possession of a Weapon in the Fourth Degree, ineffective assistance of counsel apparent from the record where defense counsel conceded Defendant was present during the robbery even though he was not positively identified at trial.
THIRD DEPARTMENT
No reversals reported.
FOURTH DEPARTMENT
CLICK TO READ People v. Antoine Parris, Docket # 03-00547
Conviction for Murder in the Second Degree reversed and dismissed, convictions for Assault in the Second Degree, Criminal Possession of a Weapon in the Second Degree, Criminal Possession of a Weapon in the Third Degree affirmed. Depraved indifference murder was not supported by legally sufficient evidence
CLICK TO READ People v. Norman I. Geddis, Docket # 17-01065
Conviction for Assault in the Second Degree, Menacing in the Second Degree, Unlawful Imprisonment in the Second Degree reversed, new trial ordered. Defendant’s right to be present at a critical stage, jury selection, was violated where a juror gave private answers to the court without a valid Antommarchi waiver
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Jason Russo, Steve Gaitman, Jason L. Russo, Steven J. Gaitman, Jason Russo, Steve Gaitman attorney, Jason Russo, Steve Gaitman NY Attorney, Long Island Criminal Defense Lawyer, Long Island Criminal Defense Attorney, Suffolk County Criminal Defense Lawyer, Suffolk County Criminal Defense Attorney, Nassau County Criminal Defense Lawyer, Nassau County Criminal Defense Attorney, Gaitman & Russo, LLP, Criminal Defense lawyer, criminal defense attorney, Federal criminal defense lawyer, federal criminal appeal lawyer, New York criminal defense lawyer, New York Criminal Defense Attorney, New York Appeal Lawyer, New York Appeal Lawyers, New York Appeals Lawyer, New York Appeals Lawyers, New York criminal appeal lawyer, New York criminal appeal lawyers, New York criminal appeals lawyer, New York .criminal appeals lawyers, post conviction relief, post conviction relief lawyer, post conviction relief attorney, New York Appeal Attorney, New York Appeal Attorneys, New York Appeals Attorney, New York Appeals Attorneys, New York criminal appeal attorney, New York criminal appeal attorneys, New York criminal appeals attorney, New York criminal appeals attorneys, New York Appellate Lawyer, New York Appellate Lawyers, New York Appellate Lawyer, New York Appellate Lawyers, New York criminal appellate lawyer, New York criminal appellate lawyers, New York criminal appellate lawyer, New York criminal appellate lawyers, post conviction relief, post conviction relief lawyer, post conviction relief attorney, New York Appellate Attorney, New York Appellate Attorneys, New York Appellate Attorney, New York Appellate Attorneys, New York criminal appellate attorney, New York criminal appellate attorneys, New York criminal appellate attorney, New York criminal appellate attorneys,
SPECIFIC SEARCH TERMS (TAGS)
Murder in the Second Degree, Brady evidence, exculpatory evidence, harmless error, grand jury, Michigan, Home Invasion, Armed Career Criminal Act, enhanced sentencing, 18 U.S.C. § 924(e), felon in possession of a firearm, 18 U.S.C. § 922, Assault in the Second Degree, Criminal Possession of a Weapon in the Second Degree, Criminal Possession of a Weapon in the Third Degree, Depraved indifference murder, legally sufficient evidence, insufficient evidence, Sex Offender Registration Act, Megan’s Law, SORA, Level 3 Sex offender, Level 2 sex offender, clear and convincing evidence, aggravating factor, Robbery in the Second Degree, Menacing in the Second Degree, Criminal Possession of a Weapon in the Fourth Degree, identification defense, mistaken identity, Unlawful Imprisonment in the Second Degree, Antommarchi waiver, right to be present, critical stage,
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