OAD In the Courts
RECENT VICTORIES
People v. James Crooks
On May 1, 2012, the Appellate Division modified the sentence imposed on OAD client James Crooks on his burglary conviction, by reducing the term from 8 years to 5 years. Despite his prior record, the Court recognized the correlation between Mr. Crooks' struggles with drug addiction and homelessness and his offense. Mr. Crooks is represented by Lauren Stephens-Davidowitz. To read the decision, click here.
People v. Frank C.
On April 12, 2012, in a welcome exercise of its interest of justice review power, the Appellate Division vacated the robbery conviction of OAD client Frank C., who was 16 years old at the time of the crime and, instead, adjudicated him a youthful offender. The court agreed that, given his age, the probation department's recommendation, and Frank C.'s intoxication at the time of the offense, youthful offender treatment was warranted. As a result, Frank C.'s sentence was reduced from a determinate five-year term to an indeterminate term of 11/3 to 4 years. In addition, by virtue of this decision, Frank C. will not have a criminal conviction on his record, and the records of this case will be sealed, allowing him an opportunity to move forward in his life without the debilitating impact of a criminal record. Frank C. is represented by Risa Gerson, with the assistance of NYU Law intern Michael Pabian. To read the decision, click here.
People v. Antonio Rodriguez
On March 29, 2012, the Appellate Division modified the sentence imposed on OAD client Antonio Rodriguez on his third degree burglary conviction, by reducing the term from 31/2-7 years to 21/2-5 years. Mr. Rodriguez is represented by Joseph M. Nursey. To read the decision, Click here.
People v. Melville Powell
On February 28, 2012, the Appellate Division unanimously reversed the drug possession and assault conviction of OAD client Melville Powell and ordered a new trial. The court agreed with OAD's argument that the trial judge improperly granted the prosecution's reverse-Batson challenge and disallowed three peremptory challenges during jury selection. The Appellate Division held that defense counsel for Mr. Powell gave vailid and non-pretextual race-neutral reasons when questioned about her challenges. Mr. Powell is represented by Anastasia heeger. To read the decision, Click here
People v. Joel Rodriguez
On February 2, 2012, the Appellate Division modified the sentence imposed on OAD client Joel Rodriguez on his robbery and grand larceny convictions, by reducing the term for the third degree robbery from 3-6 years to 2-4 years, and running the term concurrently with the 2 to 4 year term on the grand larceny conviction. Mr. Rodriguez is represented by Eunice C. Lee. To read the decision, Click here.
People v. Johnathan Padworski, a/k/a Gerald Davis
On January 19, 2012, the Appellate Division modified the sentence imposed on OAD client Johnathan Padworski, also known as Gerald Davis, on his violation of probation, by running the term of 1 to 4 years concurrently with his 2 to 4 year term on a separate case, instead of running consecutively as imposed by the trial court. As a result, Mr. Padworski will have completed his sentences and will be discharged from parole supervision. On his earlier appeal filed by OAD, the Appellate Division had vacated the sentence and ordered a hearing on the probation violation after Manhattan Supreme Court Justice Carol Berkman had sentenced Mr. Padworski without affording him a hearing. On remand, Justice Berkman held a hearing but imposed the same consecutive sentence. Mr. Padworski is represented by Eunice C. Lee. To read the decision, Click here.
People v. Ramon Rivera
On January 17, 2012, the Appellate Division reversed the conviction and vacated the guilty plea in Ramon Rivera's case. Mr. Rivera entered a conditional guilty plea to criminal sale of a controlled substance in the fourth degree, with the understanding that if he completed a drug treatment program the charge would be dismissed, but that if he absconded, he could be sentenced to eight years in prison. Although the judge also mentioned that Mr. Rivera would be subject to a term of post-release supervision (PRS), she neglected to specify the length of the term. Because Mr. Rivera violated the agreement by leaving the program and going to Florida to help his mother, he was sentenced to eight years in prison and three years PRS. The Appellate Division agreed with OAD that where the court failed to advise Mr. Rivera as to the length of the potential PRS term, the plea was not knowing, intelligent, and voluntary. Mr. Rivera is represented by Lauren Stephens-Davidowitz. To read the decision, Click here.
People v. George Oliveras
On December 27, 2011, the Appellate Division reversed the order of Bronx Supreme Court Justice David Stadtmauer denying George Oliveras's motion to vacate his conviction pursuant to Criminal Porcedure Law Section 440.10. The Appellate Division, in a 3-2 decision, granted the motion, vacated Mr. Oliveras's conviction for second degree murder and his sentence of 25 years to life, and ordered a new trial. The Court agreed with OAD that Mr. Oliveras was denied his constitutional right to effective assistance of counsel, where his lawyer failed to obtain psychiatric records that would have supported his defense that his confession -- the centerpiece of the prosecution's case -- was false and coerced by the police, who took advantage of Mr. Oliveras's history of mental illness to overcome his will and extract the confession. This case marks a major success for OAD's Reinvestigation Project, which uncovered the psychiatric evidence and other indicia of innocence. Mr. Oliveras was represented by OAD's Director of Reinvestigation, Risa Gerson, along with Dan Roeser and Tim Kline, of Cravath, Swaine & Moore, who worked on the case through OAD's Volunteer Appellate Defender Program.
To read the decision, Click here.
People v. Herbert Cephas
On December 20, 2011, the Appellate Division reversed the order of Justice Lewis Bart Stone denying Herbert Cephas's resentence application under the Drug Law Reform Act of 2009. Mr. Cephas was convicted of criminal sale of a controlled substance in the third degree for selling a single bag of heroin. Justice Stone sentenced him as a discretionary persistent felony offender to an indeternminate term of 15 years to life. After passage of the 2009 drug law reforms, Mr. Cephas applied for resentencing. However, Justice Stone found that "substantial justice" dictated denial of the application. The Appellate Division, citing Mr. Cephas's "exemplary" prison record and other positive factors, reversed the ruling below and granted Mr. Cephas's resentencing application. As a result, Mr. Cephas will be resentenced to a determinate term of 12 years and immediately released from incarceration. Mr. Cephas is represented by Risa Gerson.
To read the decision, Click here.
People v. Akinlowo Omowale
On December 13, 2011, the Court of Appeals upheld the Appellate Division's decision granting Akinlowo Omowale's motion to suppress drugs and weapons seized by the police after a stop of Mr. Omowale's automobile. The Court held that the Appellate Division decision, which found that the police arrested Mr. Omowale without probable cause, was based on factual findings and was, thus, beyond the review of the Court of Appeals. Thus, the Court dismissed the People's appeal. In a second car search case, the Court upheld the Appellate Divison's decision denying suppression. As a result of this decision, Mr. Omowale will have to serve 7 years in prison instead of 15 years. Mr. Omowale was represented by Rosemary Herbert.
To read the decision, Click here.
People v. Brian McFadden
On December 1, 2011, the Appellate Division reduced the sentence imposed on OAD client Brian McFadden from an aggregate indeterminate term of 43 1/2 years to life to the minimum possible term of 20 years to life. Mr. McFadden was convicted of a carjacking and an attempted carjacking. OAD will be seeking leave to appeal to the Court of Appeals to address legal errors in the case that go to the question of guilt or innocence. Mr. McFadden is represented by Lauren Stephens-Davidowitz.To read the decision, Click here.
People v. Austin Cornelius
People v. Ermal Qoshja
On November 15, 2011, the Court of Appeals reversed the Appellate Division's order of affirmance, and remanded the case to the Appellate Division for that court to specify whether its affirmance was based on an enforceable appeal waiver or on the merits of the excessive sentence claim. If the Appellate Division upholds the waiver, Mr. Qoshja will seek further Court of Appeals review. Richard Greenberg represents Mr. Qoshja.
To read the decision, Click Here.
People v. David Wesley
On June 28, 2011, the Appellate Division, First Department, modified David Wesley’s 50 years to life sentence on multiple felony counts to an aggregate term of 25 years to life. Rosemary Herbert represented Mr. Wesley.
To read the decision, Click Here.
People v.Owen Steward
On June 7, 2011, the Court of Appeals reversed Owen Steward’s robbery conviction, finding that the trial court abused its discretion in imposing a five-minute limitation on counsel for the questioning of jurors during each round of voir dire. Mr. Steward was represented by Jalina J. Hudson and Euncie C. Lee.
To read the decision, Click Here.
People v. Umberto Fernandez
On May 28, 2011, the Appellate Division, First Department, reduced a prison term of three to nine years for manslaughter in the second degree to time served after finding that, prior to this incident, Umberto Fernandez had lived “a productive, crime free-life, caring for and providing support for his elderly and infirm mother, as well as his four children.” Mr. Fernandez was represented by Sara Gurwitch.
To read the decision, Click Here.
Stanley v. New York State Board of Parole
On April 13, 2011, Justice Lawrence H. Ecker of Supreme Court, Orange County, found that the Board of Parole had acted “irrationally” in denying parole release to Demitrious Stanley without giving his application due consideration. Mr. Stanley is represented by Sara Gurwitch.