Genesee County Court order dated March 25, 2008, affirming judgment of conviction. Pigott, J., granted leave September 16, 2008. Argued April 28, 2009.
ISSUE PRESENTED: Whether, when there is a joint trial of misdemeanor and violation charges, C.P.L. §340.40(3) permits the jury to decide the misdemeanor and the judge to decide the violation, or whether the defendant is entitled to a jury decision on both charges.
People v. Wayne Davis
AT 2 & 11 order dated May 29, 2008, affirming judgment of conviction. Decision below: 19 Misc.3d 145A, 2008 WL 2284834. Smith, J., granted leave September 25, 2008. Argued April 29, 2009.
ISSUES PRESENTED: (1) Whether a signed written consent to a trial before a JHO is valid absent an on-the-record colloquy; (2) whether the information alleged sufficient nonhearsay allegations.
People v. Tyrone Mingo
AD2 order dated January 8, 2008, affirming level two SORA adjudication. Decision below: 49 A.D.3d 148, 850 N.Y.S.2d 151. Court of Appeals granted leave June 26, 2008. Argued May 5, 2009.
ISSUE PRESENTED: Whether documents generated by the District Attorney’s Office (ECAB Data Sheet, Grand Jury Synopsis, and Data Analysis Form) constitute “reliable hearsay” under Correction Law §168-n (3) and “clear and convincing” evidence of the use of a “dangerous instrument” so as to support risk-level determination. (Assigned counsel: Steven Banks, Criminal Appeals Bureau, Legal Aid Society, 199 Water Street, N.Y., N.Y. 10038.)
People v. Dzemil Balic
AD1 order dated June 3, 2008, affirming SORA level-two adjudication. Decision below: 52 A.D.3d 201, 860 N.Y.S.2d 17. Leave granted by Court of Appeals October 16, 2008. Argued May 5, 2009.
ISSUE PRESENTED: Whether a criminal complaint prepared by a police officer based on information from the victim alleging a sex crime for which defendant was not convicted constitutes “reliable hearsay” (Correction Law §168-n(3)) and “clear and convincing evidence” of the facts alleged. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeals Bureau, 199 Water Street, N.Y., N.Y. 10038.)
People v. Noel Marte
AD2 order dated June 17, 2008, affirming judgment of conviction. Decision below: 52 A.D.3d 737, 860 N.Y.S.2d 191. Pigott, J., granted leave October 1, 2008. Argued May 6, 2009.
ISSUES PRESENTED: (1) Whether a non-police-arranged identification is subject to suppression; (2) whether the sentencing court’s determination that the assault and robbery counts were two separate acts allowing the imposition of consecutive sentences violated Apprendi. (Assigned counsel: Paul Skip Laisure and Lynn W.L. Fahey, Appellate Advocates, 2 Rector Street, 10th Floor, NYC 10006.)
People v. Eric Bailey
AD1 order dated April 8, 2008, affirming judgment of conviction. Decision below: 50 A.D.3d 343, 854 N.Y.S.2d 719. Jones, J., granted leave September 24, 2008. Argued May 6, 2009.
ISSUES PRESENTED: (1) The sufficiency of the evidence of possession of a forged instrument. (2) Whether the defendant was subjected to the “functional equivalent of interrogation” without Miranda warnings. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)
People v. Ingvue Buchanan
AD4 order dated June 6, 2008, affirming judgment of conviction. Decision below: 53 A.D.3d 46, 859 N.Y.S.2d 791. Fahey, J. (AD dissenter), granted leave September 15, 2008. Argued May 7, 2009.
ISSUE PRESENTED: Whether the requirement that the defendant wear a stun gun belt under his clothing during the trial deprived him of due process.
People v. Wayne Decker
AD2 order dated May 6, 2008, affirming judgment of conviction. Decision below: 51 A.D.3d 686, 855 N.Y.S.2d 910. Jones, J., granted leave October 28, 2008. Argued May 7, 2009.
ISSUE PRESENTED: Whether there should have been a speedy trial hearing as to the 15-year preindictment delay.
