Appeals Blog

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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Case Summaries – Fourth Department Decisions Released on November 10, 2016

Criminal Case Summaries: People v Bailey (KA 15-02068) – 4AD affirms the lower court’s order, which granted D’s CPL 440.10 motion to vacate the judgement based on newly discovered evidence. D was convicted of second-degree murder in connection with the death of a toddler who was in D’s care. The evidence at trial showed that […]

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Case Summaries – Fourth Department Decisions Released on October 7, 2016

Criminal Case Summaries: People v Leubner (KA 15-01477 & KA 15-01479) – 4AD reverses D’s convictions because the lower court erred in denying his motion pursuant to CPL 30.30 to dismiss the indictments. 4AD finds that a letter defense counsel wrote to the prosecutor’s office, asking to discuss a potential plea offer before the prosecutor […]

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