COURT OF APPEALS

No reversals reported.

FIRST DEPARTMENT

CLICK TO READ People v. Paris Brown, Indictment # 1787-2014 (2019 NY Slip Op 03305)

Conviction for Criminal Possession of a Weapon in the Third Degree reversed, suppression granted.  First Department holds that police lacked the requisite reasonable suspicion to frisk defendant based on the tip of an anonymous caller and what the People characterize as the officers’ “confirmatory observations.”  Police may not stop and frisk a person based solely on information furnished by an anonymous source that the person is carrying a gun

http://www.nycourts.gov/reporter/3dseries/2019/2019_03305.htm

SECOND DEPARTMENT

CLICK TO READ People v. Enrique Leon, Docket # 2012-00289

SORA Appeal, designation of Defendant as Level Three Sex Offender vacated, Defendant designated as Level Two Sex Offender.  No evidence presented as to the defendant’s use of drugs or alcohol at the time of the offense, and insufficient evidence that he abused drugs and alcohol repeatedly in the past under Risk Factor 11

http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D59221.pdf

CLICK TO READ People v. Roberto Torres, Docket # 2016-02080

Conviction after trial of Criminal Possession of Stolen Property in the Fourth Degree reversed, new trial ordered, motion to suppress physical evidence and statements granted.  Statements made by Defendant while handcuffed in the back of police vehicle were product of custodial interrogation without the benefit of Miranda warnings

http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D57562.pdf

CLICK TO READ People v. Terrell Viera, Docket # 2014-05508

Conviction after trial of Attempted Murder in the First Degree, Conspiracy in the Second Degree, Intimidating a Victim or Witness in the First Degree, Criminal Possession of a Weapon in the Second Degree reversed, new trial ordered.

During voir dire, one defense attorney was appointed to exercise the joint peremptory challenges. During the first round of jury selection, after the People exercised their peremptory challenges, the defense exercised five challenges. Immediately after the remaining jurors were assigned their seats by the clerk, defense counsel told the court that the defense had forgot to challenge one of the remaining jurors, and requested to exercise a challenge for that juror. The court denied the request as untimely.

The Second Department reversed, finding that the trial court’s denial of the request to exercise the peremptory challenge was an abuse of discretion. The Appellate Division found that the delay was extremely minor, and there was no interference or delay caused by a momentary oversight, especially because the court had not commenced voir dire of the second group of jurors.

http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D59203.pdf

CLICK TO READ People v. Timothy Hickey, Docket # 2014-07270

Conviction for Criminal Possession of a Weapon in the Second Degree and Criminal Possession of a Weapon in the Third Degree reversed, motion to suppress statements and physical evidence granted, guilty plea vacated, and Indictment dismissed.  Plain view doctrine inapplicable where police went to Defendant’s home to conduct a welfare check, and Defendant threw an unknown object under a chair in his living room.  Warrantless search of defendant’s home was unlawful because Defendant was already in custody prior to the search.  Statements taken after his arrest were fruit of the poisonous tree.

http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D58689.pdf

THIRD DEPARTMENT

CLICK TO READ People v. Dimetri Moseley, Docket # 109025

Conviction of Criminal Possession of a Weapon in the Second Degree reversed, new trial ordered, second superseding indictment after mistrial was not authorized by court and was a legal nullity

CLICK TO READ Matter of Prisoners Legal Services of New York v. New York State Department of Corrections and Community Supervision, Docket # 526659

Article 78 appeal of denial of Freedom of Information Law (FOIL) request, Petitioner requested records from the Department of Corrections and Community Supervision (hereinafter DOCCS) seeking, among other things, unusual incident reports, use of force reports and inmate behavioral reports pertaining to certain inmates housed at DOCCS facilities. DOCCS produced most of the requested records, but redacted, among other information, the names of all correction officers referenced in the materials.  Third Department held that the names of correction officers are not “personnel records” exempt from FOIL.

http://decisions.courts.state.ny.us/ad3/Decisions/2019/526659.pdf

FOURTH DEPARTMENT

CLICK TO READ People v. Sherry L. McDonald, Docket # 16-010806

Conviction for Murder in the Second Degree reversed and dismissed, evidence legally insufficient and verdict was against the weight of the evidence where no evidence presented by the People established that Defendant shared the criminal intent of her boyfriend who shot the victim

CLICK TO READ People v. Joseph Lee, Docket # 16-01140

Summary denial of 440 motion reversed, remanded for evidentiary hearing, co-defendant’s successful vacatur of conviction based upon absence from Sandoval hearing at joint trial could establish relief from the conviction

CLICK TO READ People v. Garfield Hector, Docket # 16-01240

Plea of guilty of offering a false instrument for filing in the first degree vacated, plea was unknowing and involuntary, Defendant did not understand nature of charge to which he was pleading guilty,

CLICK TO READ People v. John R. Chrisley, Docket # 17-00300

SORA determination reversed, court improperly sua sponte assessed Defendant points on an issue not advanced by the District Attorney or Board of Examiners of Sex Offenders