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 Tampering with Physical Evidence, Robbery in the First Degree, Robbery in the Second Degree, Kidnapping in the Second Degree, Burglary in the Second Degree, Criminal Possession of Stolen Property in the Fourth Degree, Persistent Violent Felony Offender, consecutive sentence, 28 U.S.C. § 2254, habeas corpus, right to present a defense, 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 cases reported
FIRST DEPARTMENT
CLICK TO READ People v. Robin Hamilton (2019 NY Slip Op 06153)
Conviction after jury trial of Tampering with Physical Evidence, Robbery in the First Degree, Robbery in the Second Degree, Kidnapping in the Second Degree, Burglary in the Second Degree, Criminal Possession of Stolen Property in the Fourth Degree, and sentence as a Persistent Violent Felony Offender to 50 years to Life, reversed for resentencing. Court could not impose consecutive 25-Life sentences because the convictions arose from the same incident.
The First Department reversed, finding that parolees have a reduced expectation of privacy and the duties of the parole officers in searching for the parolee included searching his home.
SECOND DEPARTMENT
No Reversals
THIRD DEPARTMENT
No reversals
FOURTH DEPARTMENT
No decisions reported
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CLICK TO READ Scrimo v. Lee, Docket # 17‐3434
Paul Scrimo appeals from a judgment of the United States District Court for the Eastern District of New York (Donnelly, J.), denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Second Circuit reversed, concluding that the trial court’s exclusion of three defense witnesses violated Scrimo’s constitutional right to present a complete defense. Remanded with direction to grant the writ. The trial court excluded, as collateral, evidence relevant to establishing that the State’s main witness was the murderer.
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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)
Tampering with Physical Evidence, Robbery in the First Degree, Robbery in the Second Degree, Kidnapping in the Second Degree, Burglary in the Second Degree, Criminal Possession of Stolen Property in the Fourth Degree, Persistent Violent Felony Offender, consecutive sentence, 28 U.S.C. § 2254, habeas corpus, right to present a defense,
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