Appeals Blog

Case Summaries – Fourth Department Decisions Released on June 16, 2017

Criminal Case Summaries: People v Flowers (KA 12-00859) – 4AD finds that the prosecutor engaged in misconduct on summation, but concludes that D was not deprived of a fair trial. The prosecutor improperly appealed to the sympathy of the jury, and improperly implied that a witness did not testify because he felt “guilt” about D’s […]

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Case Summaries – Fourth Department Decisions Released on June 9, 2017

Criminal Case Summaries: People v Clanton (KA 15-01503) – In a 3 to 2 decision, 4AD affirms D’s gun possession conviction following a guilty plea. D was a passenger in a car police stopped for a traffic violation. Upon approaching the car, police detected the odor of marijuana. D attempted to flee, but was apprehended. […]

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Case Summaries – Fourth Department Decisions Released on May 5, 2017

Criminal Case Summaries: People v Case (KA 15-00535) – 4AD reverses D’s conviction for first-degree rape, among other things, in the interest of justice, finding that the prosecutor engaged in misconduct. The prosecutor repeatedly appealed to the jury’s sympathy by asking it to do justice and protect the victim, bolstered the victim’s credibility, and injected […]

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Case Summaries – Fourth Department Decisions Released on April 28, 2017

Criminal Case Summaries: People v Gibson (KA 15-01843) – 4AD reverses the lower court’s order, which adjudicated D a level three risk pursuant to SORA. The lower court improperly assessed points for criminal history based on D’s prior juvenile delinquency adjudication. The lower court assessed the points based on 4AD’s prior decision in People v […]

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Case Summaries – Fourth Department Decisions Released on March 31, 2017

Criminal Case Summaries: People v Henderson (KA 12-02153) – 4AD reserves decision and remits this case for further proceedings for a second time. On D’s first appeal, 4AD remitted the matter for a hearing on D’s motion to withdraw his plea, which was based on D’s claim that counsel had advised him that he could […]

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Case Summaries – Fourth Department Decisions Released on March 24, 2017

Criminal Case Summaries: People v Brown (KA 12-01592) – In this drug case, 4AD finds that the lower court erred in permitting the prosecution to cross-examine D regarding prior drug convictions and their underlying facts. 4AD notes that in drug cases, prior drug convictions present a special risk of impermissible prejudice because of the widely […]

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Case Summaries – Fourth Department Decisions Released on February 10, 2017

Criminal Cases: People v Clay (KA 14-01509) – 4AD reverses D’s conviction because the prosecution failed to give notice of its intent to introduce identification evidence pursuant to CPL 710.30. A police officer identified D in a single-photo identification procedure about 2 hours after the incident. The prosecutor first gave notice of the identification at […]

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Case Summaries – Fourth Department Decisions Released on February 3, 2017

Criminal Case Summaries: People v Betances (KA 14-00578) – 4AD reverses D’s conviction, finding that the lower court erred in denying a challenge for cause to a prospective juror. The prospective juror indicated that D “obviously” must have done something wrong or he would not be in court. The court asked the juror questions, but […]

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Case Summaries – Fourth Department Decisions Released on December 23, 2016

Criminal Case Summaries: People v Collins (KA 14-02296) – 4AD reverses D’s conviction of first-degree sexual abuse based on two separate errors. First, the lower court erred in denying a challenge for cause regarding a prospective juror whose son is married to the daughter of the District Attorney of Ontario County, and who has a […]

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Case Summaries – Fourth Department Decisions Released on November 18, 2016

Criminal Case Summaries: People v Freeman (KA 13-00893) – 4AD finds that the lower court erred in denying D’s motion to suppress tangible evidence and D’s statements. Police stopped D for riding his bike at night without a light. The officer then asked D why he was so nervous and if he was carrying drugs. […]

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