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4 Jan 2018, 1:49 pm
The first paragraph of today's opinion begins by saying:"A jury convicted Roland Isaac Seau of the crimes of murder in the first degree in the death of Louiegie Bermas with the personal use of a deadly weapon; the willful, deliberate, and premeditated attempted murder of Randy Lozano; assault with a deadly weapon on Lozano with the personal use of a knife and personal infliction of great bodily injury; and dissuading a witness, Vanessa Rivera. [read post]
6 Nov 2017, 11:13 am
The Vehicle Code authorizes criminal prosecutors to use a criminal defendant’s acknowledgement of the dangerousness of driving under the influence as evidence of implied malice in a later second degree murder case. [read post]
20 Nov 2013, 1:01 pm
 Constitutional law may be amorphous to a degree, but it's not infinitely malleable. [read post]
19 Oct 2016, 12:30 pm
I love opening paragraphs like this one:"After defendant Jon Holm was convicted of second degree burglary, he filed a petition under Proposition 47 seeking to reduce his offense to misdemeanor shoplifting under Penal Code section 459.5. [read post]
31 Jul 2017, 1:05 am
However, the court did not hear evidence from anyone—medical professionals, for example, or even simply the witness herself— as to the cause and degree of her distress, and the record does not support an implied finding the distress was severe enough to warrant such an invasive accommodation. [read post]
9 Oct 2019, 4:58 pm
  After all, the first sentence of the opinion reads:"A jury found defendant Alexander Winn guilty of first degree murder for the stabbing death of David Derrington after Derrington had Winn and his wife evicted from their home. [read post]
23 Apr 2015, 11:52 am
Brothers was initially convicted of first degree murder, but the Court of Appeal reversed this conviction based on erroneous instructions. [read post]
22 Jun 2007, 9:31 am
Yesterday the First Department reversed a conviction of robbery in the first degree of a defendant who wanted to proceed pro se, although during the trial court's inquiry, the defendant revealed that he had problems with memory (People v Anderson, 2007 NY Slip Op 05414). [read post]