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…
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…
People v Prindle 2017 New York Slip Op. 05267 June 29, 2017 This appeal deals with a challenge to the discretionary persistent felony offender sentencing protocol. Considering a case called Alleyne v US (133 St. Ct. 2151), the court determines if the current sentences protocol violates due process, the defendant’s…
People v A 2018 NY Slip Op 03136 May 2, 2018 Decision This is an appeal from Westchester County Supreme Court. The decision is from 3/11/2010 hearing where the defendant was convicted of 3d degree criminal sale of a controlled substance, to which he plead guilty. In March 2017 the…
People v. G. 2018 NY Slip Op. 02803 April 25, 2018 Decision The defendant appeals from a Queens County Supreme Court decision regarding his conviction of 1st-degree sexual abuse and child endangerment. Upon his guilty plea, there was a resentence of 10 years post-release supervision upon the adjudication of a…
People for the State of New York v. T.W. NY Slip Op. 02210 When T was a minor, she and another man sexually assaulted a 15-year-old girl. She plead guilty to 1st Degree sexual abuse (a Class D Felony). The Supreme Court said that in the interest of justice, her…
Decision The is an appeal by the defendant of a decision that was entered in Dutchess County on 5/27/2015. The defendant was found guilty of 6 counts of a criminal sexual act in the 3d degree, 3d degree sexual abuse, and endangering the welfare of a child. This appeal addresses…
This case was an appeal from the Supreme Court, where the defendant was categorized as a Level Two sex offender. The defendant had originally pleaded guilty for the use of a child in a sexual performance (violation of Penal Law 263.05). Before being released from prison the Supreme Court held…
By order of the Supreme Court on May 13, 2016, which heard a case against the defendant who is a level 1 sex offender. The case was unanimously affirmed. The question before the court was whether the defendant should be required to register as a level one sex offender due…
This is an appeal from a judgment entered on 11-20-14 against the defendant. The defendant was found guilty of criminal possession of a controlled substance in the 3d degree and possession of drug paraphernalia in the 2nd degree. Pursuant to PL section 220.50 [1]- [3], the defendant argues that there…