NY Supreme Court vacates CAL client's second-degree murder conviction finding trial counsel ineffective.
In 2017 Kiheam J was convicted of second-degree murder and other counts and sentenced to 40 years to life imprisonment. After extensive investigation, CAL filed a CPL 440.10 motion challenging trial counsel’s representation on a number of grounds, including that counsel failed to present evidence that someone other than Mr. J was the culprit. Following a hearing, NY Supreme Court Justice Daniel Conviser agreed, finding that there was “powerful evidence” that an identified alternate person was the killer. Because of the strength of the not-pursued-by-counsel third-party culpability defense, Justice Conviser found that Mr. J was prejudiced within the meaning of the state constitution and the Sixth Amendment, vacated the convictions and ordered a new trial. CAL attorney Allison Haupt represented Mr. J.