Conviction Overturned Because the Prosecutor Improperly Rebutted the Alibi Witness

In People v Crevelle, the Court found that the trial Court committed error in allowing the District Attorney to call witnesses in rebuttal to the defendant’s alibi witness. In this shooting case, which ultimately resulted in Mr. Crevelle’s conviction for attempted murder, the defendant called his girlfriend as an alibi witness to say he was with her at the time

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Contractor with Ties to former NYPD Commissioner Gets a New Trial

Peter DiTommaso, a contractor with ties to disgraced former New York City Police Commissioner Bernard Kerik has won his appeal to the First Department, Appellate Division, and will receive a new trial unless there is another disposition reached. Mr. DiTommaso’s conviction was overturned when the appellate court found that the trial court incorrectly allowed into evidence the grand jury testimony

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Appellate Court Overturns Conviction When Defendant’s Jacket Searched Without a Warrant

In People v Morales, 2015 NY Slip Op 01190, the First Department, Appellate Court revisited the law regarding search incident to lawful arrest. Generally speaking, the government must satisfy two separate requirements to justify a warrantless search of a container incident to an arrest. The first requirement is that the search is conducted during the arrest or immediately after the

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A Court Cannot Exclude a Defendant From a Hearing Regarding Threats to a Witness.

In People v Williams, 2015 NY Slip Op 00916, the Second Department overturned a Murder conviction where the Court excluded the defendant from a hearing regarding the availability of a witness. In Williams, the defendant was accused of shooting dead a man he was earlier observed arguing with. There was an eye witness to the event want knew both the

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Identity Theft Ring Steals over $700,000 in Apple Merchandise Using Stolen Information from a Manhattan Dental Office

Annie Vuong, a former receptionist at a Manhattan Dental Office, and current employee of American Express, was arrested and charged with 394 count indictment with crimes ranging from Identity Theft in the First Degree to Grand Larceny in the Second Degree, with three co-defendants, Devin Bazile, Sharniqkwa Dukes, and Joshua Haughton. According to the Manhattan District Attorney’s office, the ringleader

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Conviction Overturned, Indictment Dismissed Because Police Illegally Searched the Defendants Backpack

The First Department, Appellete Term in Manhattan reversed the conviction and dismissed the indictment in the case of People v. Mangum. In Mangum, on January 26, 2012, police officers Arslanbeck and Porras were on patrol in a New York City housing complex on the Lower East Side of Manhattan. The officers first saw Mr. Mangum walking through a courtyard along

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U.S. Supreme Court decides that a mistake about the law does not invalidate a traffic stop in a Search and Seizure Case: HEIEN v. NORTH CAROLINA

On April 29, 2009, Maynor Javier Vasquez was driving his Ford Escort, his passenger, and the petitioner in this decision, Nicholas Brady Heien laying across the rear seat. Surry County Sheriff ’s Sergeant Matt Darisse, saw Vasquez drive by, and later testified at a suppression hearing that Vasquez appeared “very stiff and nervous.” Based upon that observation, he decided to

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