In People v. Baker, [Slip Op. 100618] the Appellate Division Third Department upheld a county court decision to set aside the verdict convicting the defendant of the crimes of vehicular manslaughter and driving while intoxicated because the People had not elicited proof of calibration of the device used when analyzing the defendant’s blood.
In People v. Neptune, [Slip Op. 04731] , the Appellate Division Second Department ordered a new trial for the defendant who was convicted of manslaughter in the second degree because the court over defense counsel’ objection repeatedly defined the term ‘Recklessly” in a manner that substantially deviated from the Penal Law definition and from the pattern criminal jury instructions.
In People v. Crespi, [Slip Op. 04882], the Appellate Division Second Department reversed a lower court’s ruling that penal law §120.05(10) is unconstitutional and remitted the matter to the county court for a new determination on the issue of whether penal law §120.05(10) is unconstitutional because the State Attorney General’s Office had not been put on notice in accordance with CPLR 1012(b) and Executive Law §71.
In People v. John, [Slip Op. 04543], the Appellate Division Second Department held that the defendant was not deprived a fair trial when the trial court administered a third Allen Charge. In People v. Sanders, [Slip Op. 04552], the Appellate Division Second Department, held the court did not make an error when it granted a mistrial – instead of giving a fourth Allen Charge-when the jury sent a fourth note to the judge stating they were deadlock.
In People v. Charlotten, [Slip Op 16757] the Appellate Division Third Department vacated the defendant’s conviction on the grounds of ineffective assistance of counsel because the defense counsel had allowed his client to plead guilty to violating a temporary order of protection that had become invalid.
In People v. Jean-Laurent [Slip Op 04542] the Appellate Division Second Department ruled that the lower court properly determined that the EMT was qualified to render an opinion that the complainant’s injuries were caused by two blows from a blunt instrument.
In People v. Hough [Slip Op 04541] the Appellate Division Second Department held that the county court properly admitted into evidence expert testimony on the issue of whether the quantity of PCP discovered in the defendant’s possession was consistent with packaging for street sale, as opposed to personal use.