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Appeal by defendant challenging impartiality of jurors. Appeal was granted and judgment was reversed and a new trial ordered.
Conviction overturned as the court ruled the police did not have a credible reason to approach defendant.
Appeal of sentence providing that the terms
of imprisonment imposed on the convictions of robbery in the first degree shall run concurrently with each other.
The Supreme Court, Appellate Division, held that trial counsel's failure to investigate the crime scene and search for additional witnesses constituted ineffective assistance of
counsel.
The court ruled there was an error by the trial court in refusing to prohibit victim's family from wearing shirts bearing photograph of victim. The court also ruled the prosecutor committed misconduct when she identified barely visible figures in surveillance video as the victim and defendant.
Defendant's waiver of his right to appeal did not bar review of his claim that he was illegally sentenced as second felony offender.
The Supreme Court, Appellate Division, held that
evidence was insufficient to sustain defendant's conviction for criminally negligent homicide.
The Court of Appeals held that People committed Brady violation by failing to disclose contact information of potential witnesses.
The Supreme Court, Appellate Division, held that
defendant did not validly waive his right to appeal
and defense counsel's failure to move to suppress evidence constituted ineffective counsel.
The Court of Appeals held that there should have been fact finding regarding a juror who reported to a court officer that during jury deliberations she didn't understand what was going on, and that she didn't understand the lawyers and the judge.
The District Court held that counsel was deficient in failing to consult medical expert and
introducing certain evidence, and
counsel's errors prejudiced defendant.
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