Case results
/
Criminal Defense
Outcome
Conviction overturned on appeal
A four-year sentence rested on evidence admitted without proper foundation. On appeal we showed the error was not harmless and the conviction was vacated.
01
The challenge
Our client was convicted of burglary after a trial in which another firm represented him. The key evidence was a set of phone location records admitted through a detective, not a witness from the phone company.
He was sentenced to four years. His family instructed us after the trial, with the deadline for the appeal approaching.
02
Our approach
We read the full trial record and found the case turned on a single ruling.
01. Identify the error
The location records were admitted without a proper business-records foundation, over a timely objection.
02. Show it mattered
We showed that without the records, the only other evidence was a disputed identification made at night.
03. Argue it plainly
Marcus Hale argued the appeal himself, focusing the court on one question rather than a list of complaints.
“They read every page of the transcript. That is where they found it.”
Family of the client
03
The outcome
The Appellate Division held that the records were wrongly admitted and that the error was not harmless. The conviction was vacated and the sentence set aside. The prosecution declined to retry the case.
4 yrs
custodial sentence vacated on appeal
10 months
matter duration
2024
year resolved
Prior results do not guarantee a similar outcome. Some details have been changed to protect client confidentiality.
Case facts
4 yrs
custodial sentence vacated on appeal
Practice
Criminal Defense
Year
2024
Court
Appellate Division, First Department
Duration
10 months
Marcus Hale
Lead attorney · Partner
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Prior results do not guarantee a similar outcome.
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Prior Results
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