Insufficient Evidence on Assault Count & Numerous Errors Required New Trial
Ms. Ramunni was convicted in connection with a brawl in Staten Island. The Appellate Division ruled that the evidence was legally insufficient to establish her guilt of second-degree assault and dismissed that count. Numerous errors in the trial court required reversal of the conviction and a new trial for the remaining counts: (1) a Brady violation concerning the identity of a 911 caller; (2) trial counsel was improperly precluded from questioning a police witness; and (3) the trial judge’s acceptance of the verdict when a polled juror suggested she succumbed to pressure and court’s inquiry did not resolve the issue. Judgment Reversed, Count Dismissed, New Trial Ordered.
Benjamin Welikson represented Ms. Ramunni