• Filed under , Appeals , Criminal Defense

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The Appellate Division, First Department, has vacated the murder conviction of our client, Fabian Coke, and dismissed the indictment, agreeing with our argument that the evidence was legally insufficient to support the conviction. Importantly, the Appellate Division then went even further, taking the rare step of finding that the jury’s guilty verdict was against the weight of the evidence. This holding was based on the Appellate Division’s unique discretion to make such findings, meaning that the Bronx District Attorney’s Office cannot appeal the holding to a higher court. In other words, Mr. Coke won a complete victory and cannot be tried again for the murder. He walks free after wrongfully serving more than 10 years in prison.

Firm principal Joel Rudin successfully argued the appeal. Firm associate Jacob Loup co-wrote the briefs with attorney Norman Reimer. Read the decision here. Read our opening brief here, the prosecution’s brief here, and our reply brief here.