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- Appellate Review of a Joined Indictment with One Plea
- Prosecutorial Misconduct: How Much Warrants Reversal
- Criminal Contempt Conviction Upheld Even Without Order of Protection in Evidence
- Fatal Car Crash Does Not Rise to the Level of Criminal Negligence
- Wrong Advice and Lack of Support By Defense Counsel Leads to Ineffective Assistance of Counsel
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Category Archives: App. Div. 3d Dept.
There are new decisions from the Court of Appeals:
- Matter of Wooley v. DOCS (Ct. App. 7/1/2010) (4-3) – an interesting Article 78 decision where the COA held that DOCS did not arbitrarily refuse an inmate's request for experimental Hepatitis C treatment
- People v. McRae (Ct. App. 7/1/2010) (SSM) – accomplice testimony corroborated
- People v. Diaz (Ct. App. 7/1/2010) (SSM) – knowledge element of CPCS proved
The Court of Appeals posted new decisions today:
- People v. Murray (Ct. App. 6/24/2010) – sentencing court properly rejected request for YO status. The defendant failed to appear for sentencing, in violation his plea agreement. It was on this basis that the court imposed an adult sentence. This was not a case where the "court arbitrarily trifled with the legitimate expectations of the defendant based on the plea." In addition, the defendant's claim as to the length of PRS was not preserved.
- People v. Simmons (Ct. App. 6/24/2010) – trial court's supplemental instruction on intent did not usurp jury's function as arbiter of the facts.
- People v. Jordan (Ct. App. 6/24/2010) (SSM) – Double Jeopardy violation where PRS was imposed after the defendant finished serving his prison sentence.
The Court of Appeals announced new decisions yesterday:
- People v. Reome (Ct. App. 6/17/2010) (Smith, J.) (6-1) – whether accomplice testimony was corroborated
- People v. Valencia (Ct. App. 6/17/2010) (5-1-1) – depraved indifference assault not found in vehicular DWI case
- People v. Williams (Ct. App. 6/17/2010) (SSM) – PSR and double jeopardy
- People v. Hassell (Ct. App. 6/17/2010) (SSM) – PSR and double jeopardy