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For August 19, 2022 through August 25, 2022, the following preliminary appeal
statements were filed:
DEBELLIS (ANTHONY), PEOPLE v (205 AD3d 555):
1st Dept. App. Div. order of 5/19/22; affirmance; leave to appeal granted by
Rivera J., 8/8/22; Crimes--Right to Counsel--Effective Representation--Whether
defendant was deprived the effective assistance of counsel as the result of counsel's
failure to request a jury instruction on the defense of voluntary surrender of a
firearm (Penal Law 265.20[a][1][f]); whether defense counsel created a conflict of
interest when, in response to defendant's pro se motion to set aside the verdict on
ineffective assistance of counsel grounds, counsel stated that he had been effective at
trial; Supreme Court, Bronx County, convicted defendant of criminal possession of a
weapon in the second and third degrees and criminal possession of a firearm, and
imposed sentence; App. Div. affirmed.
REID (DWIGHT), PEOPLE v (203 AD3d 474):
1st Dept. App. Div. order of 3/8/22; modification; leave to appeal granted by
DiFiore, Ch.J., 8/8/22; Crimes--Right to a Public Trial--Whether defendant was
denied his constitutional right to a public trial when the trial court closed the
courtroom midtrial to all spectators based on alleged intimidating behavior by
certain spectators; Crimes--Right to Counsel--Effective Representation--Whether
defendant was denied his right to effective representation as a result of counsel's
failure to request replacement of a sworn juror; Supreme Court, New York County,
convicted defendant of murder in the second degree and criminal possession of a weapon
in the second degree (two counts) and sentenced defendant, as a persistent violent felony
offender, to an aggregate term of 50 years to life; App. Div. modified the judgment to the
extent of directing that all sentences be served concurrently, and otherwise affirmed.