Man gets new trial because his defense lawyer met privately with judge
A defendant serving a 7-year prison term for stealing tools from a New York construction site will get a new trial because his lawyer met privately with the judge in the case.
Although there would otherwise be no basis for granting Ricardo Moya’s appeal, the fact that his court-appointed lawyer—after many apparently baseless complaints from Moya about the representation—met with the judge in an ex parte hearing requires a reversal of his conviction, a Manhattan state appeals court ruled last week.
The New York Law Journal (sub. req.) provides a link to the Thursday opinion in the case.
“The court erred in failing to permit defendant to provide any input, or to even be present,” the Appellate Division, First Department, said in its unanimous ruling.
