March 26-27, 2011

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Court tosses appeal of Green Haven prisoner’s murder conviction

NEW YORK – A New York court has rejected a Green Haven prisoner’s appear to have his manslaughter and attempted assault convictions reversed.

Curtis Abraham is 20 years for killing Tishon Freeman and wounding another person on September 17, 2005 in the Gun Hill Houses in the Bronx.

Abraham alleged that he was denied effective counsel because his attorney failed to advise him to accept a plea bargain; told the jury, in an opening statement, that he fired shots at the victims when Abrahams had told his lawyer he was not at the scene; that he failed to investigate until the day before trial; that he failed to subpoena a certain alibi witness whom the district attorney later subpoenaed; that he neglected to object to hearsay police testimony about a person’s statement; that he failed to attack the identification testimony of another witness; that he failed to focus the jury on the issue of identification during summation; and that he failed to object to the trial court’s “adverse inference” charge.

 Taken together, Abraham said his attorney’s claimed errors resulted in unprofessional resulted in unprofessional representation.

The prosecutor disputed claims that the defense counsel was ineffective.

In a decision this week, Bronx County State Supreme Court denied Abraham’s motion to dismiss his conviction.


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