M&H Achieves Reversal Of Judgment And A New Trial In Kings County 2nd Degree Murder Case

In this second-degree murder and criminal possession of a deadly weapon action, the Appellate Division, Second Department, in conjunction with M&H’s arguments on appeal, vacated the conviction of second-degree murder, remitting the matter back to Kings County Supreme Court for a new trial on that count of the indictment. Per the Court, a fundamental right afforded to defendants is to have their case heard before an impartial factfinder. Considering the facts here, a vacatur was mandated following the trial judge’s admissions of bias in his conduct of this non-jury trial.