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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. David L. Goodwin represents Mr. Rodriguez
