After Second Appeal, Panel Upsets Assault Conviction

, New York Law Journal


A judge's acquiescence to a defendant who, against advice of counsel, opposed allowing the jury to consider a lesser offense, requires the conviction to be reversed, an upstate appellate court has found.

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What's being said

  • Anonymous

    Judge Broderick was correct. A defendant, especially one facing a parole or probation revocation has the right to roll the dice on his own life. This is more true if he believes the top charge to be too thin for conviction. It‘s his damned life, not the attorney‘s or the appellate court‘s. What if he was proceeding pro se? Do we infantilize his determination then and give him a do-over?

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