Court Filings

The Appellate Division, First Department, affirmed the conviction and sentence of Stephanie Rodriguez. Rodriguez appealed a June 22, 2022 judgment of the Supreme Court, Bronx County. After oral argument and consideration, the appellate court found the sentence was not excessive and therefore upheld the trial court's judgment. The opinion is a brief affirmance without extended written opinion and refers defense counsel to the court's procedural rule § 606.5.

The Appellate Division, First Department affirmed defendant Luis Mendez’s convictions for attempted criminal possession of a weapon in the second degree and third-degree burglary and his concurrent sentences. The court held Mendez validly waived his right to appeal, which bars review of his suppression challenge, and alternatively found the trial court correctly denied suppression. The court accepted credibility findings and concluded police lawfully approached based on an intelligence report about a trend of firearms in fanny packs, observed a street-crossing violation, and legitimately pursued Mendez when he fled, making the abandonment of the fanny pack and the discovery of the gun lawful.

The Appellate Division, First Department affirmed defendant Michael T. Jackson's conviction and sentence after a guilty plea for criminal possession of a firearm, rejecting his challenges. The court held Jackson validly waived his right to appeal, which bars review of his excessive-sentence and most probation-condition claims. A facial challenge to the statute's "good moral character" licensing provision survives waiver and Jackson has standing, but the claim was unpreserved and not reviewed in the interest of justice; alternatively the court found it meritless. Ineffective-assistance claims based on counsel's failure to raise that argument must be pursued in a CPL 440.10 motion and were otherwise rejected on the record.

The Appellate Division, First Department affirmed the Bronx County Supreme Court judgment entered December 17, 2024, in the criminal case against Joshua Brooks. The appeal challenged the sentence, but the appellate court, after argument and deliberation, found the sentence not excessive and affirmed. The decision is brief and focuses solely on the review of the sentence; no change to the conviction or sentence was ordered. Counsel for the appellant was referred to the court's Rule 606.5.

The Appellate Division, Second Department affirmed a Kings County Supreme Court judgment adjudicating the defendant a youthful offender after he pleaded guilty to second-degree criminal possession of a weapon and imposing sentence. The defendant argued that the youthful-offender adjudication violated his Second and Fourteenth Amendment rights, but the appellate court found those constitutional claims unpreserved for review and declined to decide them in the interest of justice. Consequently, the lower court's judgment was affirmed without addressing the merits of the constitutional challenges.

The Appellate Division, Second Department affirmed defendant Jaquan Oden’s conviction for disorderly conduct under Penal Law § 240.20(3) after a jury trial. Oden was acquitted of a separate disorderly conduct count under § 240.20(6) that alleged failure to disperse. The court rejected arguments that the conviction was legally insufficient or against the weight of the evidence because the disputed dispersal order was an element only of the acquitted charge, not the conviction. The court also found defense counsel effective and upheld the denial of a mistrial, concluding the prosecutor’s improper remark was cured by immediate instructions to the jury.

The Appellate Division, Second Department affirmed a County Court order designating Daniel Morrison a level three sex offender under New York's Sex Offender Registration Act (SORA). Morrison, convicted after jury trial of first‑degree sexual abuse and two counts of second‑degree murder, argued for a lower risk level based on mitigating factors. The court held the argument was unpreserved because he did not request a downward departure at the SORA hearing, and in any event he failed to meet the legal standard for a downward departure from the presumptive level three classification.

The Appellate Division, Second Department affirmed the County Court conviction and sentence of Daryl K. Miller for attempted sexual abuse in the first degree after Miller pleaded guilty. The court found Miller knowingly, voluntarily, and intelligently waived his right to appeal, and that valid waiver bars review of his claim that the sentence was excessive. Because the appeal waiver was valid, the appellate panel declined to review the sentencing challenge and affirmed the judgment of conviction and sentence imposed by the County Court.

The Appellate Division, Second Department, affirmed the sentence imposed on Mario Lazu after his guilty plea. The defendant appealed only on the ground that the sentence was excessive, but the court concluded he had knowingly, voluntarily, and intelligently waived his right to appeal. Because the appeal waiver was valid, the court found it could not consider the challenge to the sentence and therefore affirmed the lower court's June 27, 2023 sentence.

The Appellate Division, Second Department affirmed defendant Clyde Johnson’s convictions for three counts of forcible touching and one count of third-degree sexual abuse after a jury trial. The court found the defendant's challenge to the legal sufficiency of the evidence unpreserved but, in any event, held the evidence sufficient and the verdict not against the weight of the evidence. Claims of ineffective assistance of counsel and prosecutorial misconduct were rejected. The court also concluded the time period alleged in the forcible touching counts gave the defendant fair notice to prepare a defense.

The Appellate Division, Second Department, affirmed the sentence imposed on Tyshaun Holloway after his guilty plea. Holloway challenged the sentence as excessive, but the court held that he had knowingly, voluntarily, and intelligently waived his right to appeal, and that valid waiver bars appellate review of his excessiveness claim. Because the waiver was valid, the court declined to consider the merits of the sentencing claim and affirmed the conviction and sentence imposed by the Supreme Court, Kings County.

The Appellate Division, Second Department affirmed the defendant Lucious Griffin’s convictions following a jury trial for multiple drug and paraphernalia offenses and his sentence. Griffin argued the indictment should be dismissed for violation of his statutory speedy-trial rights because the People’s initial certificate of compliance (COC) omitted certain discovery (including a prisoner movement log and pole camera footage). The court held the initial COC was valid because the People exercised due diligence, promptly disclosed the missing log once discovered, and the defense sought no lesser remedy than dismissal. Several other claims were deemed unpreserved for appeal.

The Appellate Division, Second Department affirmed the defendant Kwauhuru Govan’s convictions for second-degree murder and first-degree kidnapping following a jury trial. The court held the evidence was legally sufficient and not against the weight of the evidence, rejected constitutional and prosecutorial-misconduct claims as unpreserved or without merit, and found the defendant received effective assistance of counsel. The court relied on the criminalist’s testimony as independent analysis and declined to disturb the jury’s credibility determinations, thus affirming the trial court’s judgment and sentence.

The Appellate Division, Second Department affirmed a February 16, 2024 sentence imposed on Darius Drummond following his guilty plea. Drummond challenged the sentence as excessive, but the court held his appellate waiver was valid and therefore bars review of the sentencing claim. Relying on controlling precedent, the court concluded the waiver foreclosed his appeal and affirmed the judgment without reaching the merits of the excessiveness argument.

The Appellate Division, Second Department affirmed the defendant Nelson DeJesus's convictions for two counts of attempted first-degree assault and two counts of second-degree criminal possession of a weapon following a jury trial and sentence. The court rejected the defendant's confrontation-clause challenge to admission of two DNA laboratory files and testimony because the testifying analyst generated and analyzed the relevant DNA profiles. The court also found trial counsel was not ineffective and declined to review other unpreserved issues in the interest of justice.

The Appellate Division, Second Department affirmed four Supreme Court, Kings County judgments convicting Johnnie Corbett after his guilty pleas to various felonies and imposing sentences. The court held Corbett knowingly, voluntarily, and intelligently waived his right to appeal, which bars review of his claim that the sentences were excessive and most ineffective-assistance claims. Corbett's challenge that his pleas were unknowing survived the waiver but was unpreserved and without merit based on the plea allocutions and record. The court therefore affirmed all four judgments.

The Appellate Division, Second Department affirmed the defendant Angel Berrios's conviction following his guilty plea to attempted criminal possession of a weapon in the second degree and the sentence imposed by the Supreme Court, Kings County. The court rejected Berrios's challenge to the denial of his suppression motion because he had validly waived his right to appeal; that waiver bars appellate review of the suppression ruling. Accordingly, the appellate court affirmed the judgment without reaching the merits of the suppression claim.

The Appellate Division, First Department affirmed defendant Khalil Wisdom's conviction after a jury trial for two counts of criminal possession of a weapon in the second degree and the concurrent 12-year sentences imposed as a second violent felony offender. The court also affirmed the denial of his CPL 440.10 motion to vacate the judgment alleging ineffective assistance and newly discovered evidence. The court concluded counsel provided effective representation under state and federal standards, any alleged failures did not prejudice defendant given overwhelming video and other evidence, and the trial court properly declined various jury instructions and a new-evidence hearing.

The Appellate Division, First Department affirmed defendant Yordani Urena’s conviction following a guilty plea to second-degree assault and the three-year probation sentence, but modified the probation by striking fees and mandatory surcharge. The court declined to review an unpreserved facial constitutional challenge to a probation condition restricting association and places, and alternatively rejected the challenge on the merits. The court found the association/frequenting condition reasonably necessary given the violent nature of the offense, but concluded that imposing court fees and the mandatory surcharge was not related to rehabilitation and therefore removed that condition.

The Appellate Division, First Department affirmed the Bronx County Supreme Court's June 14, 2021 judgment in People v. Gonzalez. Carlos Gonzalez appealed his conviction and sentence; the appellate panel reviewed the arguments, found the sentence was not excessive, and unanimously affirmed the trial court judgment. The court provided no extended opinion or new legal rule, simply announcing affirmation and referring appellant's counsel to the court's rule § 606.5 regarding appellate practice matters.

The Appellate Division, Fourth Department unanimously affirmed a March 28, 2025 Oswego County Court order classifying defendant Alexander R. Watros as a Level Two sex offender under New York's Sex Offender Registration Act (SORA). The court reviewed the county court's risk-level determination and found no basis to disturb it. Because the Appellate Division affirmed, the Level Two classification and its attendant registration and community-notification requirements remain in effect.

The Appellate Division, Fourth Department affirmed defendant Terrell L. Walker's conviction for driving while ability impaired. The court had previously reserved decision and remitted the case to Monroe County Court to resolve whether the People were required to obtain DMV refusal-hearing transcripts or recordings under the statutory discovery and whether any failure violated defendant's speedy-trial rights. On remand the court denied the motion to dismiss, and this court upheld that ruling, concluding the DMV materials were not in the prosecution's possession or deemed to be in possession and thus were not required to be obtained or listed in the certificate of compliance.

The Appellate Division, Fourth Department affirmed defendant Bounleaung Thanthima’s convictions for predatory sexual assault against a child and endangering the welfare of a child. On appeal the defendant argued the jury heard evidence of oral sexual acts not specifically described to the grand jury, alleged prosecutorial misconduct, and ineffective assistance of counsel. The court held the indictment and bill of particulars were broad enough to cover the testimony, found the claimed prosecutorial errors either unpreserved or harmless, and determined defense counsel’s choices were strategic and did not amount to ineffective assistance. The sentence was upheld as not unduly harsh.

The Appellate Division, Fourth Department affirmed a June 25, 2024 judgment convicting Carol Steinagle after she pleaded guilty to second-degree kidnapping (Penal Law § 135.20). The defendant argued on appeal that her plea was not knowing and voluntary and that her sentence was harsh. The court found the claim unpreserved because she did not move to withdraw the plea or vacate the judgment, declined to review it in the interest of justice, and rejected the claim that the sentence was unduly harsh, so the conviction and sentence were affirmed.

The Appellate Division, Fourth Department affirmed defendant Joseph Serrano’s convictions for second-degree murder and two counts of second-degree criminal possession of a weapon. The court reviewed the trial record and concluded the guilty verdicts were not against the weight of the evidence, crediting eyewitness testimony supported by ballistics. The court rejected or found unpreserved Serrano’s claims about confrontation, suppression of statements, suggestive identification, grand jury misconduct, discovery sanctions, prosecutorial misconduct, juror misconduct, late expert disclosure, and ineffective assistance of counsel, concluding none warranted reversal or a new trial.

The Appellate Division, Fourth Department affirmed defendant Markeef Royal’s convictions following a jury trial for second- and third-degree criminal possession of a weapon. The court rejected Royal’s double jeopardy claim that an earlier trial judge declared a mistrial without consent and without necessity, concluding defense counsel implicitly consented to the mistrial. The court also rejected challenges to a prospective juror for cause, claims of ineffective assistance of counsel, and a constitutional attack on Penal Law § 265.03(3) after Bruen, and found the sentence not unduly harsh.

The Appellate Division, Fourth Department affirmed defendant Christopher O'Neal Jr.'s conviction following his guilty plea to criminal possession of a weapon in the second degree. The court held that O'Neal validly waived his right to appeal, and that the oral waiver cured any deficiency in establishing on the record his understanding of the written waiver. The court also rejected his claim that the trial court erred in denying a hearing on his motion to withdraw the plea based on ineffective assistance of counsel, finding nothing in the record undermined counsel's effectiveness and that credibility issues could be resolved without a hearing.

The Fourth Department affirmed defendant Kenneth Nixon’s convictions entered after he pleaded guilty to two counts of criminal possession of a weapon in the second degree and two counts of menacing a police or peace officer. The court held that the waiver of appeal obtained during a court-initiated plea was invalid because the record did not show a distinct and proper reason for conditioning the plea on an appeal waiver. On the merits, the court found no error in the court’s revocation of interim probation after a sufficient summary hearing showing Nixon violated curfew and failed to report to his probation officer, and it declined to grant youthful offender status.

The Appellate Division, Fourth Department affirmed defendant Kenneth T. Mountzouros's convictions (jury verdict) for sexual abuse in the first and second degrees and two counts of forcible touching. The court rejected challenges that the indictment was duplicitous, that the first-count time frame rendered it defective, and that the court erred by admitting victim testimony about uncharged acts and expert testimony about child sexual abuse accommodation syndrome. Several preservation failures also prevented review of other claims. The court noted the Livingston County District Attorney failed to file an opposing brief on appeal.

The Appellate Division, Fourth Department, unanimously affirmed defendant James A. Moore’s conviction following a jury trial. Moore was convicted of three counts of first-degree sexual abuse and one count of second-degree escape. The court issued a brief order affirming the underlying Supreme Court, Monroe County judgment, adopting the same memorandum opinion issued in the companion appeal listed as Appeal No. 1. No change to the convictions or sentence was made by this decision.