Justia New York Court of Appeals Opinion Summaries

After a jury trial, Defendant was found guilty of robbery in the first degree, robbery in the second degree, assault in the second degree, and criminal possession of stolen property in the fifth degree. The Appellate Division reversed, concluding that the trial court committed a mode of proceedings error when it failed to discuss a substantive jury note with counsel outside the presence of the jury. The Court of Appeals reversed, holding (1) the trial court’s departure from the O’Rama procedure in this case was error, but it was not a mode of proceedings error where the court read the note into the record in the presence of the parties, counsel, and the jury before providing a response; and (2) therefore, the preservation rule applied. View "People v. Nealon" on Justia Law

After a nonjury trial, Defendant was convicted of attempted kidnapping in the second degree and endangering the welfare of a child. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) the trial court did not err in allowing the People to introduce evidence of Defendant’s prior conviction of a sex crime committed against a child as evidence of his intent in the present offense; (2) Defendant’s conviction of attempted kidnapping in the second degree was supported by legally sufficient evidence; and (3) Defendant’s remaining contentions did not warrant reversal. View "People v. Denson" on Justia Law

Defendant was thirty-four weeks pregnant when she struck the vehicle of Robert and Mary Kelly, killing them both. Defendant’s baby was born after an emergency cesarean section but died six days later from injuries sustained in the accident. Defendant was indicted on three counts of manslaughter in the second degree, one count of aggravated vehicular homicide, and one count of operating a motor vehicle while under the combined influence of alcohol or drugs. After a second trial, the jury returned a verdict finding Defendant not guilty on all counts except manslaughter in the second degree for the death of her child. The Appellate Division affirmed. The Court of Appeals reversed, holding that a woman cannot be convicted of manslaughter for conduct with respect to themselves and their unborn fetuses unless such conduct is done intentionally. View "People v. Jorgensen" on Justia Law

Defendant was arrested in the lobby of an apartment building that was enrolled in the trespass affidavit program. Upon his arrest, officers frisked Defendant and found a razor blade in one of his pants pockets. Defendant pleaded guilty to, inter alia, criminal possession of a weapon in the third degree. Defendant appealed, challenging the denial of his motion to suppress evidence of the razor blade. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the combination of Defendant’s presence in the building with the private and protected nature of that location supported the lower courts’ determination that the police officers had an objective credible reason to approach and request information from Defendant and thus to begin the encounter that culminated in Defendant’s arrest and the seizure of the razor blade. View "People v. Barksdale" on Justia Law

Defendant pleaded guilty to one count of sodomy. In contemplation of Defendant’s release from incarceration, the Board of Examiners of Sex Offenders prepared a case summary and a risk assessment instrument. At the ensuing court appearance, Supreme Court assessed Defendant eighty-five points and adjudicated him a level two sexually violent offender, finding sufficient evidence, consisting in part of the grand jury minutes, to support the imposition of points for course of sexual misconduct. The grand jury minutes were not disclosed to the defense in reaching Defendant’s Sex Offender Registration Act risk level determination. The Appellate Division affirmed, ruling that there was no due process violation in Supreme Court’s reliance on the grand jury minutes. The Court of Appeals affirmed, holding that Defendant’s due process rights were violated when the hearing court relied on the grand jury minutes, but given the overwhelming evidence that was disclosed to Defendant in support of the same risk factor, the error was harmless. View "People v. Baxin" on Justia Law

Defendant pleaded guilty to and was convicted of criminal possession of a weapon in the fourth degree. Defendant waived prosecution by information. Defendant appealed, arguing that the accusatory instrument was jurisdictionally defective. The Appellate Term affirmed, concluding that the accusatory instrument was facially sufficient. The Court of Appeals affirmed, holding that the language used in the accusatory instrument gave Defendant sufficient notice of the crime charged to satisfy the demands of due process and double jeopardy. View "People v. Sans" on Justia Law

Defendant was charged with three counts of witness tampering and bribery for cultivating a relationship with and giving money to three girls, witnesses to the murder of Dennis Brown. Defendant’s half-brother, Wesley Sykes, was charged with the murder. As the trial of Sykes was about to begin, Bobby Gibson, an eyewitness to the shooting, was shot and killed outside the apartment of one of the three girls. An unrelated individual later confessed to the murder of Gibson. During Defendant’s trial, the trial court ruled that evidence of Gibson’s murder was necessary for the jury to consider the reliability and truthfulness of the three girls. The jury acquitted Defendant of all three tampering counts but convicted him of the bribery counts. On appeal, Defendant argued that he was deprived of a fair trial because the trial court allowed evidence of the Gibson murder. The Court of Appeals affirmed, holding that the court’s decision to admit the evidence of Gibson’s murder was not an abuse of discretion. View "People v. Harris" on Justia Law

After a jury trial, Defendant was convicted of second degree intentional murder. Defendant was sentenced to a term of twenty-five years to life. The Appellate Division affirmed, concluding that the evidence was legally sufficient, that Defendant was not denied meaningful representation, and that Defendant’s claim of prosecutorial misconduct committed during summation was unpreserved. The Court of Appeals reversed, holding (1) defense counsel was ineffective for failing to object when the prosecutor misrepresented to the jury critical DNA evidence as proof of Defendant’s guilt in contradiction of the People’s expert testimony; and (2) Defendant was denied a fair trial as a result. View "People v. Wright" on Justia Law

After a trial, Defendant was convicted of criminal sale of a controlled substance in the third degree. Defendant appealed, arguing that the trial court erred by allowing the People to to introduce identification testimony of a police officer who had previously identified him during a pretrial procedure without notifying him, within fifteen days of his arraignment, of the officer’s prospective testimony. The Appellate Division affirmed, holding that the officer’s identification of Defendant was confirmatory in nature and thus did not require notice under N.Y. Crim. Proc. Law 710.30. The Court of Appeals affirmed, holding that the People were required to serve their notice concerning the officer’s observations, but the error was harmless. View "People v. Pacquette" on Justia Law

Defendant was convicted of felony murder, first-degree manslaughter, first-degree burglary, two counts of second-degree burglary, and second-degree assault. Defendant appealed, arguing that there was insufficient evidence to support his conviction for felony murder because the predicate burglary was based upon his conceded intent to commit an assault. The Appellate Division affirmed, concluding that the felony murder conviction “may properly be based on a burglary as the predicate felony where the intent at the time of entry is to commit an assault.” The Court of Appeals affirmed, holding that because Defendant unlawfully entered the victim’s apartment with the singular intent to assault him, but caused his death, Defendant’s felony murder conviction was supported by legally sufficient evidence. View "People v. Henderson" on Justia Law