People v. Lindsey - the defendant was wanted in connection with a shooting that took place in April of 2003. On May 29, 2003, NYPD pulled over the defendant's vehicle while he was driving his girlfriend. A search of the defendant's vehicle and a jacket inside the vehicle revealed A2 drug (cocaine) weight. After a hearing before Judge Albert Tomei, the court suppressed all evidence related to the stop and search of the defendant and his property. People v. Lindsey, 3 Misc.3d 1104(A)(Feb. 6, 2004). The People appealed the Judge's decision. Although this was the first case I argued on appeal, the Appellate Division, Second Department, upheld Judge Tomei's decision resulting in dismissal of all charges against the defendant. People v. Lindsey, 13 A.D.3d 651 [Dec. 27, 2004, 2d Dep't.].
People v. Denard Butler - the defendant was arrested and charged with multiple co-defendants for armed Robbery in the First Degree. After two and half years of trial delay, the defendant went to trial and was found guilty of Robbery in the First Degree. At sentencing, the People argued the defendant was a mandatory persistent felony offender and deserving of a life sentence due to his two prior felony convictions for possessing firearms. I argued the defendant was a second felony offender because the defendant's prior sentences were illegal and should not constitute as predicate felonies. The court agreed with my argument in part and sentenced the defendant as a second felony offender avoiding a life sentence for the defendant. law.justia.com/cases/new-york/other-courts/2009/2009-51619.html. The People appealed the court's decision and the Appellate Division upheld the court's decision. www.nycourts.gov/REPORTER/3dseries/2011/2011_07122.htm.
People v. Mahad Brown - on December 3, 2011, police officers executed a search warrant at the defendant's mother's apartment. Inside of a bedroom, searching officers recovered three fully loaded firearms and over ten pounds of marijuana. Although there were three adults and two small children in the apartment, the defendant was the only person charged with Criminal Possession of a Weapon in the Second Degree (3 counts), Marijuana and other lesser related charges. The defendant proceeded to trial; at the close of the trial, I argued there was insufficient evidence to convict the defendant of a single count in the indictment considering there was no evidence to show the defendant exercised dominion and control over the contraband. After extensive deliberations, the jury acquitted the defendant of all three counts of Criminal Possession of a Weapon in the Second Degree (all violent felonies), but convicted the defendant of three counts of Criminal Possession of a Weapon in the Third Degree (all non-violent crimes) and Criminal Possession of Marijuana. On November 18, 2015, less than three years after the conviction, the Appellate Division, Second Department, agreed with my trial argument that there was insufficient evidence to convict the defendant resulting in all charges being dismissed against the defendant. People v. Brown, 133 A.D.3d 772 [Nov. 18, 2015]; www.leagle.com/decision/innyco20151118375.