CAL in the Courts

Appellate Term Reverses Conviction upon CAL's Review

10.13.17

On October 13, 2017, the Appellate Term threw out CAL client JE’s conviction after finding that he had not properly been advised of his Boykin rights before he waived them and pleaded guilty to seventh-degree controlled substance possession. Previously assigned counsel had filed an Anders/Saunders brief seeking to be relieved. The court rejected the view that no non-frivolous issue existed and asked CAL to review the case. Upon that review, CAL argued that Mr. E had suffered a serious deprivation of his due process rights. The People conceded error, and the court agreed that dismissal rather than remand for further proceedings was the appropriate remedy. Kate Skolnick represented JE.