CAL in the Courts

Client's Conviction Reversed

8.1.2017

On August 1, 2017, the Appellate Division First Department reversed Cal client A.B.’s attempted murder conviction and 25 year sentence.  A.B. was accused of attempting to kill the complainant during a robbery of a drug spot.  During the incident, the complainant was shot in the head and subsequently had the frontal lobe of his brain removed.  At trial, the complainant provided conflicting testimony concerning what happened during the incident ; he was initially unable to identify his shooter.  Following an overnight recess, the complainant returned to court and insisted that A.B. was responsible.  The jury convicted A.B. after the prosecution presented expert testimony, refuted by medical records, that the complainant’s brain remained “intact” despite his massive injuries.  The Appellate Division reversed the conviction after extensively reviewing the evidence in a lengthy decision.  The court refused to dismiss the charges because the verdict was against the weight of the evidence, but found that the defense had been prejudiced by the introduction of hearsay evidence.  That evidence had provided an alibi to the person the defense claimed had actually done the shooting.  In reversing, the Appellate Division rejected the prosecution’s argument that the evidence had not been introduced for its truth but only to explain the nature of the police investigation which the defense had challenged as sloppy. Claudia Trupp represented A.B. on appeal.

www.appellate-litigation.org