AD1 order dated June 21, 2007, affirming judgment of conviction. Decision below: 41 A.D.3d 271, 839 N.Y.S.2d 720. Kaye, Ch., J., granted leave March 6, 2008. Argued October 15, 2008.
ISSUE PRESENTED: Whether the People violated Brady v. Maryland by failing to disclose a statement by the co-defendant exculpating the defendant; additionally, whether trial counsel was ineffective for not using or even telling his client about this statement once he found out about it during trial. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)
People v. Clarence A. Johnson
AD4 order dated November 23, 2007, affirming adjudication of defendant as a level two sex offender. Decision below: 47 A.D.3d 140, 846 N.Y.S.2d 541. The Court of Appeals granted leave March 25, 2008. Argued October 15, 2008.
ISSUE PRESENTED: Whether, under SORA, a sex offender whose conviction arises from downloading pornographic images of unknown minors onto his computer had a “relationship” with those minors so as to be assessed points under SORA risk factor seven, “relationship with victim.”
People v. Jason Naradzay
AD4 order dated April 25, 2008, affirming judgment of conviction. Decision below: 50 A.D.3d 1489, 855 N.Y.S.2d 779. Green J. (AD dissenter), granted leave May 27, 2008. Argued October 15, 2008.
ISSUES PRESENTED: (1) Whether defendant’s conduct came “dangerously near” to the commission of murder and burglary, so as to establish an “attempt,” where the defendant planned the attack, armed himself, and drew near to the victims’ property before he was apprehended. (2) Whether statements at the scene prior to the Miranda warnings should have been suppressed. (3) Probable cause to arrest. (Assigned counsel: Frank H. Hiscock Legal Aid Society, 351 South Warren St., Syracuse, NY 13202.)
People v. Roberto Castellano
AD1 order dated June 12, 2007, affirming judgment of conviction of depraved indifference murder. Decision below: 41 A.D.3d 184; 837 N.Y.S.2d 643. Smith, J., granted leave October 25, 2007. Argued October 21, 2008.
ISSUE PRESENTED: Where the issue is the legal sufficiency of the evidence of depraved indifference murder in this January 2005 conviction, whether the pre-Feingold standard applies given that defense counsel, while preserving the sufficiency issue via a motion for a trial order of dismissal, failed to object to the trial court’s pre-Feingold charge on depraved indifference.
People v. Raymond C. George
AD3 order dated August 9, 2007, modifying judgment of conviction for depraved indifference murder to one for second-degree manslaughter. Decision below: 43 A.D.3d 560; 840 N.Y.S.2d 662. Cross-appeals. Carpiniello, J. (AD dissenter), granted leave to People October 10, 2007. Ciparick, J., granted leave to defendant October 26, 2007. Argued October 21, 2008.
ISSUES PRESENTED: (1) Where the question is the legal sufficiency of depraved indifference murder in a one-on-one fatal shooting, whether the revised standard, beginning with People v. Hafeez (100 N.Y.2d 253 [2003]), is retroactive on direct appeal to a case tried six months prior to Hafeez. (2) The appropriate remedy where the Appellate Division determines that the conviction for depraved indifference murder is not supported by sufficient evidence because the conduct was merely reckless. (Assigned counsel for defendant: David J. Wukitsch, c/o McNamee Lochner Titus & Williams, P.C., 677 Broadway, Albany, N.Y. 12207.)
People v. Jean Yves Jean-Baptiste
AD2 order dated October 9, 2007, modifying judgment of second-degree (depraved indifference) murder conviction to second-degree manslaughter, and otherwise affirming the judgment. Decision below: 44 A.D.3d 792, 844 N.Y.S.2d 72. Smith, J., granted leave to People January 23, 2008. Argued October 21, 2008.
ISSUE PRESENTED: Where the issue is the legal sufficiency of depraved indifference murder in a one-on-one fatal shooting, whether the revised standard, beginning with People v. Hafeez (100 N.Y.2d 253 [2003]), is retroactive on direct appeal to a case tried two months before Hafeez. (Assigned counsel: Joshua Levine and Lynn W.L. Fahey, Appellate Advocates, 2 Rector Street, 10th Floor, NYC 10006.)
People v. Bryan Hawkins
AD4 order dated February 8, 2008, affirming judgment of conviction for depraved indifference murder, with two dissents. Decision below: 48 A.D.3d 1279, 851 N.Y.S.2d 789. Scudder, J. (A.D. dissenter), granted leave March 31, 2008. Argued October 21, 2008.
ISSUE PRESENTED: Whether trial defense counsel preserved a challenge to the sufficiency of the evidence of depraved indifference murder by stating in his motion for a trial order of dismissal that the People “failed to prove that [defendant] acted with [d]epraved [i]ndifference.” The majority held that this was insufficient to preserve defendant’s appellate contention that the evidence showed an intentional rather than reckless state of mind. The dissenters disagreed, stating “the majority is imposing a requirement that defendant explain to the court not only what the People failed to prove, i.e., depraved indifference murder, but also what the People instead proved, i.e., the uncharged crime of intentional murder.” (Assigned counsel: Richard W. Youngman, Monroe County Conflict Defender, 150 South Plymouth Avenue, Rochester, N.Y. 14614.)
People v. Dwight Giles
AD1 order dated November 20, 2007, affirming a judgment of conviction, with two dissents. Decision below: 47 A.D.3d 88, 845 N.Y.S.2d 331. AD dissenter granted leave February 7, 2008. Argued October 23, 2008.
ISSUE PRESENTED: Whether the trial court erred in permitting detailed testimony of uncharged crimes under a Molineux theory, where undetailed testimony about those crimes would have served the same evidentiary purpose. (Assigned counsel: Susanna De La Pava, Esq., 110 Wall Street, 11th Floor, NYC 10005.)
People v. Juan Eduardo
AD1 order dated October 9, 2007, affirming judgment of conviction. Decision below: 44 A.D.3d 371, 894 N.Y.S.2d 11. Jones, J., granted leave February 19, 2008. Argued October 23, 2008.
ISSUE PRESENTED: Legal sufficiency of evidence that defendant acted as a lookout in a drug transaction.
