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Leave Granted in the Court of Appeals: People v. Espinosa – Ineffective Assistance of Counsel
People v. Espinosa Whether defense counsel was ineffective for failing to challenge DNA evidence on Confrontation Clause grounds. Sam Feldman represents Mr. Espinosa
Leave Granted in Court of Appeals: People v. Bohn – Sufficiency of Proof of Torture, Denial of Cause Challenges, & Expert Testimony
People v. Bohn What constitutes sufficient proof of the torture mens rea for first-degree murder. Whether cause challenges were properly denied when certain jurors defied the court’s instructions by conducting on-line research. Whether an expert was properly qualified to assess the issue of extreme emotional disturbance. Mark W. Vorkink represents Mr. Bohn
Leave Granted in the Court of Appeals: People v. Wright – Batson
People v. Wright Whether the trial court violated the right to a fair trial and equal protection when it ruled that the prosecution’s reasons for peremptorily striking two African-American prospective jurors, which were unevenly applied and unsupported by the record, were non-pretextual. Chelsea Lopez represents Mr. Wright
Leave Granted in the Court of Appeals: People v. Zapata – Preservation & Waiver of Surcharge/Fees
People v. Zapata Whether the surcharge/fee waiver legislation applies retroactively. Whether preservation is required to seek vacatur of surcharges and fees that were imposed at sentencing. Sean Murray represents Mr. Zapata
Leave Granted in Court of Appeals: People v. Brown – Subject to SORA When No Sexual Allegations
People v. Brown Whether People v. Knox, 12 N.Y.3d 60 (2009) can constitutionally require an individual who commits an armed robbery in the presence of his minor relative to register as a sex offender, when a judicial finding made clear the offense involved “no sexual contact or motivation,” and New York state and federal courts […]
Leave Granted in Court of Appeals: People v. Worley – SORA & Due Process
People v. Worley Whether a SORA hearing court violates the Correction Law and due process if it sua sponte orders an upward departure based on a theory not raised by the Board or the People, over repeated defense objection of lack of notice. Jenna Hymowitz represents Mr. Worley
Leave Granted in Court of Appeals: People v. Jordan – Right to Present a Defense, Prosecutorial Misconduct, & Admissibility of DNA Evidence
People v. Jordan Whether Ms. Jordan was deprived of her right to present a defense when the trial court precluded evidence that she identified the actual perpetrator and certified police documents that corroborated her account. Whether the prosecutor deprived Ms. Jordan of a fair trial due to summation misconduct. Whether Ms. Jordan was denied her […]
Leave Granted in Court of Appeals: People v. Saenger – Indictment & “Present Offense”
People v. Saenger Whether an indictment for an aggravated family offense is jurisdictionally defective when it fails to specify the “present offense.” Jenna Hymowitz represents Mr. Saenger
Leave Granted in Court of Appeals: People v. Tindal — Preservation & Batson Issues
People v. Tindal Whether defense counsel must join a Batson challenge of a jointly-tried co-defendant to preserve the claim for appellate review. Whether the trial court violated the Equal Protection Clause when it found a prima facie showing of discrimination against dark-skinned prospective jurors but failed to request reasons for each juror identified in the […]
Leave Granted in Court of Appeals: People v. Cuencas — Right to Counsel & Payton Issues
People v. Cuencas Whether police violated Mr. Cuencas’s right to counsel and to be free from unreasonable searches and seizures by going to his residence with the intention of making a warrantless arrest so as to avoid triggering the right to counsel. Whether the second-floor apartment resident of a two-family residence tacitly consented to police […]
Leave Granted in Court of Appeals: People v. Taylor — Batson Issue
People v. Taylor When the People’s statement in response to a defense Batson challenge, that they were challenging “African-American” jurors and that a juror “was from Trinidad” and thus not “African-American,” satisfied their step two burden of giving a non-race-based reason for the strike. Sam Feldman represents Ms. Taylor
Leave Granted in Court of Appeals: People v. Rodriguez — Seizure Issue
People v. Rodriguez Whether a police stop of a bicycle is a seizure requiring reasonable suspicion. Hannah Kon represents Mr. Rodriguez
