Indictment Dismissed
On April 26, 2019, in People v. Taylor, the Appellate Division dismissed the indictment of an OAD client after finding an “unreasonably long” delay in sentencing. The Court held that the prosecution “offer[ed] no excuse for more than one year of the delay in defendant’s sentencing, a period that began when the prosecution received actual…
Read MoreOAD Joins NYC Defenders in Urging Accuracy and Transparency in DNA Testing and Analysis
On February 15, 2019, OAD joined with New York City indigent and post-conviction defense providers to urge the Office of the Chief Medical Examiner to conduct a transparent and collaborative review to determine whether and to what extent a controversial method for evaluating DNA mixtures has been used in New York City criminal cases. You…
Read MoreAD1 Reverses OAD Client’s Conviction: Cumulative Errors Deprived Right to a Fair Trial
In People v. Ortiz, the First Department reversed Mr. Ortiz’s conviction because numerous errors—including the improper admission of testimony about cell-site data by an unqualified lay witness—deprived Mr. Ortiz of his right to a fair trial. The decision is available here: http://www.nycourts.gov/reporter/3dseries/2019/2019_00221.htm Mr. Ortiz was represented by OAD Staff Attorney, Victorien Wu.
Read MoreOAD’s 2019 Preservation Training for Trial Lawyers
On February 4, 2019, OAD Supervising Attorneys, Eunice Lee and Joe Nursey, will lead a discussion about how trial lawyers can and should preserve errors to maximize full and complete appellate review. This training will be held at: New York University Law School Room 210, Vanderbilt Hall 40 Washington Square South New York, N.Y. 6-8pm…
Read MoreOAD Alumni Directory
In honor of OAD’s 30th anniversary, we are proud to present this first-ever OAD Alumni Directory. We have listed our former staff members’ names, current place of business, and position while at OAD. As this Directory powerfully demonstrates, OAD-trained attorneys have become state and federal public defenders, scholars, policy-makers, jurists and private practitioners. OAD’s alumni…
Read MoreOAD@30
In honor of OAD’s 30th anniversary, we are sharing 30 ways that OAD makes a difference. From our courtroom success, reinvestigation project, esteemed alumni, client advocacy programs, and social services–follow along on Twitter and Facebook, or click here to see all of the ways revealed thus far! #WeRepresent #OAD@30
Read MoreCourt of Appeals Dismisses Enterprise Corruption Indictment
On November 27, 2018, New York’s Court of Appeals dismissed the Enterprise Corruption indictment against OAD client, Damian Jones, finding that “the proof elicited at trial was not legally sufficient to establish the elements of defendant’s knowledge of the existence of the subject criminal enterprise and the nature of its affairs or his intent to…
Read MoreAppellate 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…
Read MoreAD1 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
Read MoreOAD 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…
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