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Counsel Withdraws From Appellate Case, Arguing No New Issues To Raise on Appeal


A man plead guilty to numerous counts involving possession of child pornography. Specifically, his plea agreement included five counts of possessing a sexual performance by a child and four counts of promoting a sexual performance by a child. The Broome County Court sentenced him to six months in jail and a probationary term of ten years. He was also required to register as a sex offender upon his release.

After leaving jail, the felon failed to register as required by the Sex Offender Registration Act. He was then charged probation violation for failing to comply with this requirement. He plead guilty to the charge and as such his probation was revoked. He was then sentenced to a prison term of 1 1/3 to 4 years for each count of the original indictment, with the sentences ordered to run concurrently.

He appealed the conviction but his criminal defense attorney made an application to withdraw from the case. Specifically, he argued that no new issues existed to be raised on appeal. The appellate court, however, disagreed and found that the felon’s arguments had merit on at least one point in regard to the severity of the sentence he received. Accordingly, the appellate court granted the defense attorney’s request to withdraw and required new counsel to be assigned to the case.

Despite the fact that his criminal defense lawyer chose to withdraw from the case, the appellate court found some legal basis for his claims. Hopefully, his new defense counsel will work aggressively on his behalf to defend his rights.

If you or someone you love has been charged with possession of child pornography or other inappropriate sex offenses, finding the right criminal defense attorney should be your top priority. The law firm of Stephen Bilkis and Associates specializes in representing criminal defendants in the New York area who are facing sex crime charges. Their experienced criminal defense team is available by phone at 1-800-NY-NY-LAW or in person at one of the firm’s numerous New York area offices. Don’t hesitate to contact Stephen Bilkis and Associates today to get the legal representation you need to get the best resolution possible in your case.

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