Uncategorized

Indictment Dismissed

Today, in People v. Coulibaly, the First Department vacated OAD’s client’s conviction and dismissed his indictment after finding that trial counsel incorrectly calculated his client’s speedy trial time. Kudos to our Volunteer Appellate Defender co-counsel at MilbankLLP! You can read the decision here.

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The Latest About OAD

In OAD’s May 2019 Newsletter, you can learn more about: OAD’s holistic post-conviction representation model; OAD’s First Monday in October Counsel for Justice Honoree, Tony West; and OAD’s available Staff Attorney positions! Check it out here.

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OAD to NYC Mayor and NYS Governor: Banishment is Not Good Public Policy

On April 8, 2019, OAD joined forces with Appellate Advocates, the Bronx Defenders, Brooklyn Defender Services, the Center for Appellate Litigation, the Center for Community Alternatives, the Legal Aid Society, the Neighborhood Defender Service of Harlem, New York County Defender Services, and the Sex Law Policy Center in a letter urging Mayor DeBlasio and Governor…

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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…

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AD1 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.

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OAD’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…

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OAD 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…

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Court 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…

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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…

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