People v. Kirk Hanley

On April 16, 2012, Judge Susan Phillips Read granted leave in People v. Kirk Hanley, an appeal raising the issue of whether a defendant who enters a guilty plea thereby forfeits his right to appellate review of the claim that his kidnapping conviction “merges” with his conviction for another offense. Former Senior Staff Attorney Matthew L. Mazur, now with Dechert LLP, represents Mr. Hanley.

People v. Austin Cornelius

Also on April 16, 2012, Judge Susan Phillips Read granted leave in People v. Austin Cornelius, an appeal raising the issue of whether a so-called "trespass notice" -- a notice barring an individual from entering a store -- is "testimonial" in nature, such that its admission as a business record nevertheless violates the Confrontation Clause. Anna Roberts, an Assistant Professor of Lawyering at NYU School of Law, represents Mr. Cornelius in a pro bono capacity, along with Margaret Knight.

People v. Isaac Diggins

On April 5, 2012, Chief Judge Jonathan Lippman granted leave in People v. Isaac Diggins, an appeal from the denial of a motion to vacate the conviction under Criminal Procedur Law 440.10 raising the issue of whether Mr. Diggins was denied his Sixth Amendment right to the effective assistance of counsel, where, after Mr. Diggins absconded, he was convicted at an in absentia trial at which his attorney refused to participate. At issue is whether an attorney may boycott a trial held in his client's absence, even though the defendant does not forfeit his right to a fair trial and right to counsel by absenting himself. Rosemary Herbert and Roy L. Reardon, of Simpson Thacher & Bartlett LLP, represent Mr. Diggins.

People v. Andrew Moss

On March 13, 2012, Judge Carmen Beauchamp Ciparick granted leave in People v. Andrew Moss, which raises the issue of whether Mr. Moss was denied his Sixth Amendment right to a public trial when the trial judge closed the courtroom to the public during the testimony of the undercover police officer. Justin M. Ross, of Fried, Frank, Harris, Shriver & Jacobson LLP, and Joseph Nursey represent Mr. Moss.

People v. Jose Alfaro

In August 2011, Judge Carmen Beauchamp Ciparick granted leave in People v. Jose Alfaro, which raises the issue of whether the prosecution should be allowed to introduce, as probative of identity and intent in an eyewitness identification case, and without a limiting instruction, evidence that the defendant possessed items that are not intrinsically unlawful and that were not used, displayed or threatened in the crime, but hypothetically could be used in such a crime. Anastasia Heeger represents Mr. Alfaro.

People v. Richard Kelley

In July 2011, Chief Judge Jonathan Lippman granted leave in People v. Richard Kelley. The issue in this case is whether New York’s discovery laws require the prosecution to exercise due diligence in conducting DNA testing and, where the prosecution fails to timely test evidence, the prosecution should be barred from introducing such evidence at trial. Kerry S. Jamison and Jalina J. Hudson represent Mr. Kelley.

People v. Zahira Matos

In July 2011, Chief Judge Jonathan Lippman granted leave in People v. Zahira Matos which raises the question of whether an individual can be found liable for depraved indifference murder based on a single failure to provide medical care over a relatively brief period of hours. Margaret Knight represents Ms. Matos.

People v. Tony William

In May 2011, Judge Victoria Graffeo granted leave in People v. Tony William, which seeks clarification of the factors that may be considered by a suppression court when considering the constitutionality of the stop and search of a car. Mr. William is represented by Volunteer Appellate Attorney Jonathan K. Chang of Davis Polk and Wardwell and Rosemary Herbert.