New York Criminal Attorney Blog
If you receive an unfavorable jury verdict in a criminal trial, the good news is that you can appeal that verdict. Sometimes, though, even if the higher court grants your appeal, the State might appeal again, subjecting you to additional waiting and uncertainty. A recent case before the New York Court of Appeals serves as an example of this process, and in this case, even though the defendant got a favorable decision on his first appeal, he got an unfavorable decision from the second appeal when the court decided the prosecution’s error in his trial was ultimately “harmless.”
Originally, the defendant in this case was charged with first-degree assault and attempted murder. The defendant pled not guilty, his case went to trial, and a jury found him guilty of the assault. On appeal, though, the defendant argued that it was unfair for a police officer to testify regarding the victim’s daughter’s statements about the attack. Because the officer testified about the daughter’s statements, the defendant argued he was deprived of his right to cross-examine the daughter about what she said.
The Appellate Division agreed that this testimony was a violation of the defendant’s rights. It granted the defendant’s request and gave him an entirely new trial. The State appealed again, and the New York Court of Appeals then had to decide whether it was correct for the defendant to be given this new trial.
According to the New York Court of Appeals, even though the defendant did have a constitutional right to cross-examine the daughter, the fact that he was deprived of this right was ultimately “harmless.” The prosecution had so much evidence against the defendant, said the court, that it ultimately did not matter whether or not the jury heard testimony from the victim’s daughter. In this way, the jury would have reached the same verdict no matter the error.
Waiting for appellate decisions can be tough, which is why it’s crucial to retain a high-quality New York violent crimes attorney that can make sure your trial is done properly the first time around. In this case the appellate process took approximately seven years between the two appeals. By hiring an aggressive, experienced attorney to represent you in your criminal proceedings, you can rest easy, knowing you’ve done everything in your power to protect your rights.
Do You Need a New York Violent Crimes Attorney?
If you or a loved one is facing charges related to a violent crime, you need an expert New York violent crimes attorney by your side. At Tilem & Associates, we fight to provide aggressive, personalized representation for every one of our clients, and we don’t rest until we have done all we can to get our clients’ charges dropped. For the highest quality representation New York has to offer, contact our firm to discuss your next steps.
For a free and confidential consultation with one of our attorneys, give us a call today at 877-377-8666. You can also fill out our online form to have a New York violent crimes attorney reach back out to you as soon as possible to discuss the details of your case.