In this case the Court of Appeals considered whether the defendant in a murder case was entitled to a new trial due to the prosecution failing to disclose potentially exculpatory evidence. The events that eventually lead to the defendant being arrested began in March 2008. The victim was shot and…
In this case, the Court of Appeals overturned the decisions of the Appellate Division and trial court and determined that in an attempted murder case the defendant was entitled to challenge the credibility of the law enforcement witnesses. The incident that resulted in the arrest of the defendant started in…
In a criminal trial, a harmless error occurs when the trial court judge makes a mistake, but the mistake was not such that it impacted the outcome of the case. When there is a finding of harmless error, the appeals court will not reverse the decision based on that mistake. …
Defendant Walker was indicted for several felonies including murder in the second degree (felony murder) (N.Y. Pen. Law § 125.25[3] ), two counts of kidnapping in the second degree (N.Y. Pen. Law § 135.20), robbery in the first degree (N.Y. Pen. Law § 160.15[2] ), criminal possession of a weapon…
(People v. A., NY Slip Op 00894) This is an appeal from a Supreme Court decision dated 8/26/15, convicting the defendant of assault in the first degree. The court ordered that the judgment be reversed and a new trial is ordered. The defendant attacked his roommate, slashed his neck, and…
(People v. DA, NY Slip Op 08537) December 13, 2018 In this case, the court weighs the question regarding whether the grand jury can readdress a charge that has been presented to it after it had been dismissed in a prior proceeding. The court held that a charge may not…
People v. W. 2018 Slip Op 05950 Aug. 29, 2018 Order The defendant appealed from a Supreme Court judgment, where she was convicted of 2nd-degree murder. The defendant appeals due to an omnibus motion to suppress a statement made to law enforcement officials. The court found that it was enough…
People v. J 2018 NY Slip Op 05692 August 8, 2018 This is an appeal by the defendant from a Supreme Court Decision made in Kings County, convicting the defendant of second-degree murder and second-degree illegal possession of a weapon. The court affirmed. In 1992, a group of teenagers opened…
A man filed an action to dismiss the charge of murder against him. He subsequently indicted in the State of Maryland, along with his colleague, on the allegation that he conspired with them to the murder of the victim. But, the man was acquitted of the conspiracy charge upon a…
The defendant is a confessed serial killer and was convicted by a jury for several offenses including one count of first degree murder for intentionally causing the death of three women in separate criminal transactions that were committed in a similar fashion. The people filed a notice of intent to…