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| People v. Corea, 2002-04806,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Because a charge of third-degree assault should have been dismissed as a lesser-included offense to an inclusory concurrent count of first-degree gang assault, defendant's conviction and sentence were modified to delete the third-degree assault charge.
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| People v. Frias, 7535 Ind. 2095/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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| People v. Greene, 1998-04028,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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| People v. Hernandez, 2002-10894,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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| People v. Hernandez, 7519, Ind. 5686/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Overview: None of defendant's statements made before Miranda warnings was custodial where, inter alia, defendant voluntarily accompanied police to precinct, and throughout time that preceded Miranda warnings police did not use handcuffs or other means of restraint, and they left defendant alone in an unlocked interview room for significant periods.
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| People v. Holloway, 2004-11248,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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| People v. Kennedy, 2002-03772,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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| People v. Kliti, 2003-00634,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Defendant was not denied effective assistance of counsel, as defense counsel pursued a clear trial strategy, based upon the fact that defendant was implicated by his accomplice and the sole evidence of defendant's identity as one of the perpetrators was a statement partially written in the investigating detective's handwriting.
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| People v. Larios, 2002-05248,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: A charge of assault in the third degree should have been dismissed pursuant to N.Y. Crim. Proc. Law §§ 1.20(37) and 300.40(3)(b) against defendant as a lesser included offense and an inclusory concurrent count of gang assault in the first degree in the interests of justice based on the same relief being granted to his codefendant.
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