New York Weekly Roundup Criminal Appeals 4 12 2019

The New York Weekly Roundup – Criminal Appeals is a blog and video podcast by appellate and post-conviction attorney Patrick Michael Megaro summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of New York.  Each week we digest the latest reversed convictions throughout the New York Appellate Divisions and the New York Court of Appeals, as well as the United States Court of Appeals and the United States Supreme Court.

This is a FREE service designed to give you the cutting edge of developments in New York criminal law, appeals, and post-conviction relief.

Visit us at www.appealslawgroup.com

Follow on Facebook @NewYorkWeeklyRoundup

Subscribe to our YouTube Channel Appeals Law Group

Click HERE to listen to an audio version of our podcast

AUDIO:

COURT OF APPEALS

No reversals reported.

FIRST DEPARTMENT

No reversals reported.

SECOND DEPARTMENT

No reversals reported.

THIRD DEPARTMENT

People v. David Secor, Docket # 525377

Risk Level 2 Sex Offender classification reversed, Defendant reclassified as Level 1, abuse of discretion not to grant defendant a downward departure where Defendant established by a preponderance of the evidence that the “victim” of this Rape in the Third Degree statutory rape offense was a willing participant and no force was used. 

People v. Vernon Montague, Docket # 108733

Defendant improperly sentence as a Second Felony Offender pursuant to Penal Law § 70.06; original sentence of a conditional discharge in 2002 upon the his prior conviction for Criminal Sale of a Controlled Substance in the Third Degree was the controlling date, not his subsequent resentencing to state prison for violation of the conditional discharge.  Prior sentence did not fall within 10-year look-back period.

FOURTH DEPARTMENT

No decisions until April 26, 2019.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

United States of America v. Juan Thompson, Docket # 18-74

Sentence of 60 months for cyberstalking, 18 U.S.C. § 2261A(2), making hoax threats, 18 U.S.C. § 1038(a)(1) reversed.  District Court improperly applied 2-level sentence enhancement under United States Sentencing Guidelines § 2A6.2(b)(1)(A).  Enhancement inapplicable because Defendant was not served with an order of protection in accordance with New York Family Court procedure, order was issued ex parte.

Patrick Megaro, Patrick Michael Megaro, Patrick Megaro attorney, Patrick Megaro NC Attorney, Appeals Law Group, Halscott Megaro, Criminal Defense lawyer, criminal defense attorney, Federal criminal defense lawyer, federal criminal appeal lawyer, New York criminal defense lawyer, New York Criminal Defense Attorney, New York Appeal Lawyer, New York Appeal Lawyers, New York Appeals Lawyer, New York Appeals Lawyers, New York criminal appeal lawyer, New York criminal appeal lawyers, New York criminal appeals lawyer, New York criminal appeals lawyers, post conviction relief, post conviction relief lawyer, post conviction relief attorney, New York Appeal Attorney, New York Appeal Attorneys, New York Appeals Attorney, New York Appeals Attorneys, New York criminal appeal attorney, New York criminal appeal attorneys, New York criminal appeals attorney, New York criminal appeals attorneys, New York Appellate Lawyer, New York Appellate Lawyers, New York Appellate Lawyer, New York Appellate Lawyers, New York criminal appellate lawyer, New York criminal appellate lawyers, New York criminal appellate lawyer, New York criminal appellate lawyers, post conviction relief, post conviction relief lawyer, post conviction relief attorney, New York Appellate Attorney, New York Appellate Attorneys, New York Appellate Attorney, New York Appellate Attorneys, New York criminal appellate attorney, New York criminal appellate attorneys, New York criminal appellate attorney, New York criminal appellate attorneys, 440 motion, writ of error coram nobis,

WEEK-SPECIFIC

Risk Level 2 Sex Offender, SORA, downward departure, Rape in the Third Degree, abuse of discretion, Second Felony Offender, Penal Law § 70.06; conditional discharge, Criminal Sale of a Controlled Substance in the Third Degree, Federal Sentencing Guidelines, United States Sentencing Guidelines, cyberstalking, 18 U.S.C. § 2261A(2), making hoax threats, 18 U.S.C. § 1038(a)(1), Family Court, order of protection

FOR YOUTUBE

Patrick Megaro, Patrick Michael Megaro, Patrick Megaro attorney, Patrick Megaro NC Attorney, Appeals Law Group, Halscott Megaro, New York Appeal Lawyer, New York Appeal Attorney, New York criminal appeals lawyer, New York criminal appeals attorney, appellate attorney, criminal appellate attorney, post conviction relief, 440 motion