A Victor man convicted of first-degree sexual abuse will get a new trial because of an error in the jury selection process and a judge’s decision to exclude a defense witness. Todd M. Collins, 36, was convicted in December 2014 ...

Tagged with: appeal Judge Craig J. Doran jury selection New Trial Ontario County Supreme Court Appellate Division Fourth Department Testimony

A Monroe County jury deliberating on a Friday evening in a gang assault case sends a note into the judge, asking for more instructions on points of law and to have some testimony read back. Before they receive an answer, ...

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U.S. Court of Appeals for the Second Circuit New Trial Newly Discovered Evidence – Fifth Amendment Privilege United States v. Forbes 14-733 Judges Cabranes, Wesley and Hall Background: The defendant was convicted of one count of conspiracy to commit securities ...

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A former Auburn police officer convicted of numerous charges, including receiving bribes and several counts of official misconduct, is seeking a new trial. The combination of prosecutorial misconduct and erroneous judicial rulings denied Brian K. Hutchings a fair trial, his ...

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It was up to defense counsel, not the defendant, to seek a jury charge on lesser-included offenses in a Niagara County assault case, the Appellate Division, Fourth Department ruled Friday. The higher court overturned the second-degree assault conviction of Germaine ...

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Malcolm Bryant, formerly of Rochester, will get a new trial with the emergence of a new witness more than a year after Bryant was convicted of shooting another man. The Appellate Division, Fourth Department on Friday granted Bryant’s motion under ...

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A judge’s failure to respond to jury notes before rendering a verdict is resulting in a new trial for an Elmira man convicted of being part of a gang assault in which a Rochester mother of four was killed. The ...

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Delayed disclosure of a 911 recording of a 2008 shooting report deprived a Rochester man of a fair trial, an appellate court has found. The delay prevented William T. Carver Jr.’s defense attorney from using the tape at his 2008 ...

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A new trial is being granted for a Rochester man whom two witnesses and the prosecutor referred to by the nickname “killer” several times during his fall 2006 trial. The Appellate Division, Fourth Department in a decision issued Friday found ...

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A new trial is being granted for a Rochester man convicted of killing two people more than 20 years ago. The Appellate Division, Fourth Department, in a divided decision issued Friday, reversed the second-degree murder convictions of Kharye Jarvis, 40, ...

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LAS VEGAS — O.J. Simpson faces at least four more years in prison after a judge rejected his bid for a new trial in his Las Vegas armed robbery and kidnapping conviction. “All grounds in the petition lack merit and, ...

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A Rochester man will get a new trial because the Monroe County District Attorney’s Office did not inform the defense that a key witness was a paid informant, an appeals court has decided. The Appellate Division, Fourth Department on Friday ...

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