It’s our view that Mr. Moreno has a meritorious appeal and there is a substantial likelihood that there will be a reversal on the judgment.
New York, NY (PRWEB) November 22, 2012
New York City federal appeals lawyer Stephen N. Preziosi has succeeded in his efforts to convince the New York Court of Appeals -- the state's highest court -- to stay the execution of sentence for his client Kenneth Moreno’s one-year sentence, so that it can consider whether it will hear an appeal.
Mr. Moreno, who has been free on $125,000 bail since being convicted of three misdemeanor official misconduct charges last year, was scheduled to start his sentence November 19. In that same trial, which some media sources notoriously dubbed the “Rape Cops” trial, Mr. Moreno and a co-accused were cleared of all felony charges (see Manhattan NY Supreme Court Indictment # 2011-1471).
If the Court of Appeals Judge Victoria Graffeo ultimately decides to hear Mr. Moreno’s appeal, Mr. Preziosi is confident that it will be successful.
“It’s our view that Mr. Moreno has a meritorious appeal and there is a substantial likelihood that there will be a reversal on the judgment,” commented Mr. Preziosi. “My client’s attorneys before the Appellate Division, First Department made two arguments that were well preserved before the trial court and are both reviewable by the Court of Appeals.”
Mr. Preziosi is also mindful of the fact that a successful appeal would have far-reaching consequences across the legal landscape.
“I believe that there are unique and novel issues that the Court of Appeals would have great interest in deciding,” noted Mr. Preziosi, “as they have a bearing not only on the specific facts of this case, but on all other similarly situated defendants.”
As a result of the delay in sentencing, Mr. Moreno is allowed to remain free until December 20. However, if the Court of Appeals decides to hear the appeal, it’s likely that Mr. Moreno will remain free longer – a fact that Mr. Preziosi says is in-line with the factors of the recognizance and bail statute under Criminal Procedure Law §510.30.
“My client was and remains a kind, good-natured and hard working person who has consistently come to the aid and assistance of others in his community and his character, reputation and mental condition all call for his release pending the determination of the Court of Appeals.”
Federal appeals lawyer Stephen N. Preziosi handles criminal appeals in all U.S. Circuit Courts of Appeals and in New York State Appellate Courts (including Appellate Divisions and the New York Court of Appeals). Whether a case is under the Penal Law in New York State Courts or under Federal Law in the U.S. District Courts, Mr. Preziosi has extensive experience with all types of appellate matters in both the New York State Courts and the Federal Circuit Courts of Appeal. Mr. Preziosi has pursued appellate cases in the Appellate Divisions, the Appellate Terms and the highest court in the State of New York, the New York Court of Appeals. He has also taken on cases in the various U.S. Circuit Courts of Appeals, and successfully identified legal issues, designed and written briefs and conducted oral argument. The firm’s practice is concentrated in the area of appeals in criminal matters in both State and Federal Courts, and Mr. Preziosi recently launched a Federal Sentencing Guidelines Awareness Campaign to help the general public learn more about this critically important and influential aspect of criminal law. Learn more at http://www.newyorkappellatelawyer.com.