People v Ellis In this case the People assert that the defendant is a level 3 sex offender. Because of this, he was required, pursuant to Corrections Law 168-7(4), to register his Facebook account. The law specifies that it must be done no later than 10 days after a change…
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New York Appellate Court Reverses and Dismisses Case Based on Defendant Alleging Lack of Jurisdiction
(Matter of N. v NY Office of Children & Family Services, NY Slip Op 04379) June 18, 2018 The court rules that this decision should be reversed, and the petition dismissed without costs. Despite the defendant’s argument, the court does indeed have jurisdiction over this appeal considering the dual dissent…
New York Appellate Court Reverses Decision and Orders New Trial Regarding Use of Justification Defense
(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…
New York Appellate Court Affirms Decision Ruling That Evidence Was Sufficient to Convict Defendant of Child Endangerment
(People v. C., 2018 NY Slip Op 08951) Dec. 26, 2018 The defendant appealed from a judgment from Rockland County Court (June 10, 2015), where he was found guilty of endangering the welfare of a child and sexual assault against a child. The defendant argues that the evidence to convict…
New York Appellate Court Rules that Grand Jury Can’t Readdress Issue After Being Dismissed in Prior Proceeding
(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…
New York Appellate Court Affirms Sentence for Defendant Claiming Ineffective Counsel in Drug Possession Case
(The People of the State of New York v. M.M.) The defendant filed this appeal regarding his guilty plea of criminal possession of a controlled substance in the 5th degree. The court initially agreed with the defendant that his waiver of an appeal was invalid. The defendant argues that the…
Defendant Appeals Alleging a Miranda Violation
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…
Appellant Challenges Murder Charge
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…
Defendant Tries to Reverse Guilty Plea
The issue in this proceeding is whether a claim for innocence lies under CPL 440.10(1)(h) to vacate a judgment of conviction based on the defendant’s guilty plea. The court felt that the defendant’s pleas of innocence is not adequate grounds for relief. The defendant is a nurse who was a…
Defendant Appeals Sentencing for Drug Related Charges
People v. AA June 5, 2018 This appeal is from a judgment of the Supreme Court of New York County rendered on June 13, 2016. The defendant was convicted by a jury of two counts of second-degree criminal possession of a weapon. He was sentenced as a second violent felony…