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 challenge for cause, jury selection, Robbery in the First Degree, fair trial, Burglary in the Third Degree, Criminal Trespass in the Third Degree, Criminal Mischief in the Third Degree, Attempted Petit Larceny, Criminal Possession of a Controlled Substance in the Seventh Degree, Unlawful Possession of Marijuana, lineup, Attempted Murder in the Second Degree, Assault in the First Degree, Gang Assault in the First Degree, identification, prosecutorial misconduct, CPL 60.25, Criminal Possession of a Controlled Substance in the Third Degree, unknowing and involuntary plea, 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
No Reversals Reported
SECOND DEPARTMENT
CLICK TO READ People v. Darnell Ramsey, Docket # 2017-06019
Conviction for Robbery in the First Degree reversed, new trial ordered before different judge. At trial, the judge engaged in extensive questioning of witnesses,usurped the roles of the attorneys, elicited and assisted in developing facts damaging to the defenseon direct examination of the People’s witnesses, bolstered the witnesses’ credibility, interruptedcross-examination, and generally created the impression that it was an advocate on behalf of thePeople. The court’s improper interference deprived the Defendant of a fair trial.
CLICK TO READ People v. Raul Alvarez, Docket # 2016-11453
Conviction after trial of Burglary in the Third Degree, Criminal Trespass in the Third Degree, Criminal Mischief in the Third Degree, Attempted Petit Larceny, Criminal Possession of a Controlled Substance in the Seventh Degree, Unlawful Possession of Marijuana reversed, new trial ordered. Three of the prospective jurors demonstrated a state of mind that was likely to preclude them from rendering an impartial verdict, and trial court erred in denying challenge for cause.
CLICK TO READ People v. Saul Robles, Docket # 2016-00276
Conviction for Attempted Murder in the Second Degree, Assault in the First Degree, Gang Assault in the First Degree reversed, new trial ordered. Trial court improperly allowed testimony about a non-identification from a witness who failed to identify Defendant in a lineup, the testimony violated CPL § 60.25, and prosecutor engaged in prosecutorial misconduct on summation
THIRD DEPARTMENT
CLICK TO READ People v. Chakaris M. Glover, Docket # 108423
Guilty plea to Attempted Criminal Possession of a Controlled Substance in the Third Degree reversed, during plea allocution, court failed to advise Defendant that pleading guilty meant she waived the right to trial by jury, remain silent, nor was there any inquiry into whether Defendant had conferred with counsel and understood the constitutional rights that she was automatically waiving by pleading guilty. The plea was unknowing and involuntary, plea vacated,
FOURTH DEPARTMENT
No decisions reported
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SPECIFIC SEARCH TERMS (TAGS)
challenge for cause, jury selection, Robbery in the First Degree, fair trial, Burglary in the Third Degree, Criminal Trespass in the Third Degree, Criminal Mischief in the Third Degree, Attempted Petit Larceny, Criminal Possession of a Controlled Substance in the Seventh Degree, Unlawful Possession of Marijuana, lineup, Attempted Murder in the Second Degree, Assault in the First Degree, Gang Assault in the First Degree, identification, prosecutorial misconduct, CPL 60.25, Criminal Possession of a Controlled Substance in the Third Degree, unknowing and involuntary plea
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