New York

Appellate Division affirms SORA level two adjudication based on upward departure, finding concurrent burglary conviction and flight from jurisdiction warranted departure from presumptive risk level.

Appellate Division affirms robbery and assault convictions based on surveillance footage showing defendant assaulted victim while accomplices took wallet, rejecting temporary deprivation defense.

Appellate Division affirms third-degree assault conviction, finding legally sufficient evidence of physical injury from victim testimony about sustained beating, soreness, antibiotic treatment, and remaining scar.

Second Department affirms sentence as not excessive upon guilty plea, deferring to trial court’s exercise of sentencing discretion.

Second Department affirms sentence, holding valid appeal waiver executed as part of guilty plea precludes appellate review of postrelease supervision period.

Second Department denies coram nobis application alleging ineffective assistance of appellate counsel, holding appellant failed to meet the high standard for challenging counsel’s strategic choices.

Second Department affirms level two SORA designation, upholding risk factor assessments for forcible compulsion, sexual contact, continuing course of conduct, and young victim age.

Second Department modifies order of protection exceeding statutory maximum under CPL 530.13(4)(A), reducing duration by one year where court failed to announce duration at sentencing.

Second Department finds nonfrivolous issues on independent Anders review, assigning new counsel to argue whether orders of protection exceeded statutory maximum duration.

Second Department affirms level three SORA designation, upholding points for sexual misconduct while confined and finding downward departure request unpreserved.

Second Department affirms robbery conviction and grants Anders withdrawal after independent review finds no nonfrivolous appellate issues.

Second Department affirms conviction, upholding COVID-19 executive order toll on CPL 30.30 speedy trial clock and finding People exercised due diligence in discovery compliance.

Second Department affirms level two SORA designation, holding defendant failed to provide sufficient medical evidence that debilitating illness reduced risk of sexual recidivism.

Second Department affirms sex offense convictions, rejecting challenges to COVID-19 trial protocols, Batson challenge based solely on gender, Molineux evidence, and prosecutorial summation.

The Fourth Department affirms the defendant’s guilty plea conviction for criminal weapon possession, finding a valid waiver of the right to appeal.

The Fourth Department holds the case and remits to County Court for further proceedings after the defendant’s jury conviction for menacing a police officer and weapon possession.

The Fourth Department affirms the denial of the defendant’s motion to withdraw his guilty plea for first-degree robbery.

The Fourth Department holds the case, reserves decision, and remits to Erie County Court for further proceedings to address sentencing compliance issues in a weapon possession case.

The Fourth Department affirms the defendant’s conviction upon a guilty plea for attempted rape in the first degree, addressing challenges to the plea and sentence in multiple appeal numbers.

The Fourth Department reverses the defendant’s conviction for burglary in the first degree, vacates the guilty plea, and remits for further proceedings, finding deficiencies in the plea.

The Fourth Department dismisses the defendant’s appeal from the sentence imposed upon conviction for criminal sale of a controlled substance and affirms the judgment.

The Fourth Department affirms the defendant’s guilty plea conviction for making terroristic threats, criminal contempt, witness tampering, and aggravated harassment.