cswarns, Author at The Office of the Appellate Defender

Appellate Update (November 5-16, 2018)

Second Department People v. Jahmarley Jones Reversing and remanding for a new trial for Crawford and Inoa errors. Mr. Jones was allegedly part of the S.N.O.W. gang. Two officers testified as experts based on their expertise “in the hierarchy, practices, [and] languages of the S.N.O.W. Gang and other gangs.” Both officers stated that their expertise…

AD1 Vacates OAD’s Client’s Plea Because of Inadequate Trial Court Instruction

In People v. Vasquez, the First Department vacated Mr. Vasquez’s second-degree robbery plea after concluding that the trial court failed to inform Mr. Vasquez that the enhanced sentence he would receive if he violated the conditions of his plea agreement would include post-release supervision (PRS). Congratulations to OAD Staff Attorney Victorien Wu! Read it here: http://www.nycourts.gov/report…/3dseries/2018/2018_07658.htm

OAD Appellate Update (October 23 to November 5, 2018)

Appellate Update (October 23, 2018 to November 5, 2018) Court of Appeals People v. Jakim Grimes (Oct. 23, 2018) Opinion by Judge Di Fiore with Judges Stein, Fahey, Garcia and Feinman concurring; Judge Wilson dissents in an opinion joined by Judge Rivera The Court of Appeals previously held in People v Andrews (2014) that an…