New Trial: United States of America v. Dixon

4th Dept.: New trial ordered in beating of 911 tipster

By Denise Champagne
POSTED: May 6, 2013
Tags: anonymous 911 call, former Greece man, New Trial, tipster beaten

A new trial is being ordered for a former Greece man convicted of beating and robbing the man who allegedly turned him into police through an anonymous 911 call. The Appellate Division, Fourth Department, in a 3-2 decision Friday, ruled Monroe County Supreme Court Justice Francis A. Affronti erred by not allowing Frank Arena, 29, [...]

Second Circuit — New Trial: United States of America v. Orena (sessa)

By Daily Record Staff
POSTED: April 8, 2013
Tags: New Trial, u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit New Trial Newly Discovered Evidence — Materiality United States of America v. Orena (sessa) 11-611-cr Judges Newman, Lynch and Lohier Background: The defendant appealed from the denial of his motion for a new trial based on newly discovered evidence that presents claims that the government violated due [...]

Convicted murderer fights for new trial

By Denise Champagne
POSTED: January 22, 2013
Tags: Appellate Division, convicted murderer, New Trial

Prosecutors in Erie County are trying to block a convicted murderer from getting a new trial, granted by the Appellate Division. Damien Warren, 29, claims his December 2006 trial was tainted because it was conducted simultaneously with the trials of two co-defendants, one who received a bench trial and, in front of the jury, after [...]

Sick juror leads to new trial for convicted killer

By Denise Champagne
POSTED: November 30, 2012
Tags: Appellate Division, convicted killer, Fourth Department, New Trial, sick juror

Events following a deliberating juror’s sudden illness during a trial are behind the granting of a new trial for a Rochester man convicted of killing two teens in 2007. The Appellate Division, Fourth Department has ruled Monroe County Court Judge John J. Connell erred in accepting a verdict from 11 jurors, even though he confirmed [...]

New trial granted for Tioga Co. man in wife’s murder

By Denise Champagne
POSTED: October 18, 2012
Tags: Calvin Harris, murder, New Trial

A new trial is being granted for a prominent Tioga County businessman convicted of killing his wife in a high-profile murder case that received national attention. The state Court of Appeals onThursday reversed lower court rulings because the trial court denied a for-cause challenge of a juror who had said she had an opinion on [...]

Defense seeks new trial for sex offender

Claims state is skirting Civil Confinement Law with unclear diagnoses

By Denise Champagne
POSTED: September 20, 2012
Tags: New Trial, sex offender, Shannon S.

A civilly confined sex offender is trying to get a new trial on the basis that the mental abnormality he was diagnosed with is not specifically listed in the Diagnostic and Statistical Manual of Mental Disorders. The offender, identified in court papers as Shannon S., was diagnosed by a state doctor in 2009, as the [...]

Woman convicted of killing husband seeks new trial

By Denise Champagne
POSTED: September 4, 2012
Tags: murder of husband, New Trial, Stacey Castor

An Onondaga County woman, convicted of murdering her second husband, claims it was wrong for a judge to allow information about the death of her first husband at her 2009 trial. Randi Juda Bianco, a Syracuse attorney who represents Stacey Castor, argued Tuesday before the Appellate Division, Fourth Department, that Onondaga County Court Judge Joseph [...]

WDNY — New Trial: Rivers v. City of Rochester

By Daily Record Staff
POSTED: April 26, 2012
Tags: New Trial, U.S. District Court, WDNY

U.S. District Court, WDNY New Trial Weight of Evidence — ‘Batson’ Challenges Rivers v. City of Rochester 06-cv-6391L Judge Larimer Background: The plaintiff brought a Section 1983 action against the defendant alleging false arrest, false imprisonment and excessive force. The action arose from a forcible mental hygiene arrest involving the Rochester Police Department officers who [...]

Defense, prosecution under fire by COA

By Denise Champagne
POSTED: April 4, 2012
Tags: court of appeals, failure of defense attorney, New Trial

An improper prosecutorial summation and ineffective assistance of counsel are being cited, in a rare decision by the Court of Appeals, as reasons to grant a new trial for a Rochester man convicted of sexually molesting his two nieces, ages 7 and 11, in 2007. The 6-1 decision in People v. Fisher (2012 NY Slip [...]

WDNY – New Trial: United States of America v. Toole, et al.

By Daily Record Staff
POSTED: February 21, 2012
Tags: Cumulative Evidence, New Trial, U.S. District Court, WDNY

U.S. District Court, WDNY New Trial Cumulative Evidence United States of America v. Toole, et al. 06-CR-6024L Judge Larimer Background: The defendants had been charged with a number of drug related offences concerning the possession and distribution of cocaine. After a jury trial, the defendants were found guilty on two counts of the indictment. Both defendants [...]

‘Implied bias’ of potential juror results in new trial

By Denise Champagne
POSTED: December 15, 2011
Tags: court of appeals, implied bias, New Trial, potential juror, witnesses

A new trial is being ordered for a Wayne County man because a prospective juror at his trial knew several of the witnesses who testified. The New York Court of Appeals on Thursday ruled Oswego County Court abused its discretion when it denied Scott C. Furey’s for-cause challenge. “It was a unanimous decision,” said Gary [...]