Partner Donna Aldea, head of the appellate and post-judgment litigation group at Barket Epstein, recently persuaded New York’s highest court, the New York State Court of Appeals, to hear the appeal of a former Nassau County police commander convicted of misdemeanor corruption charges in 2013. Notably, of the 2,090 leave applications presented to the Court of Appeals on criminal cases in 2014, only 81 (less than 4%) were granted.
“Bill Flanagan’s trial was infected by very serious errors of law and prosecutorial overreaching that resulted in an innocent man being charged with and convicted of a crime,” said Ms. Aldea. “The Court of Appeals' decision granting our application for leave to appeal is an acknowledgment that the case presents significant questions of law that ought to be reviewed by the State’s highest court. We are confident that upon such review, the conviction will be vacated.”
Click on the links below to read the story and see the Court’s decision.