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Ferrell v. United States, 125 S. Ct. 1071 (2005)(Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738, 2005 U.S. LEXIS 628 (2005))Wint v. United States, 125 S. Ct. 1055 (2005)(Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738, 2005 U.S. LEXIS 628 (2005))United States v. Ramirez, 420 F.3d 134 (2d Cir. 2005) (dismissing visa fraud counts for lack of venue)Bank of China, New York Branch v. NBM, LLC, et al, 359 F.3d 171 (2d Cir. 2004), cert. dismissed 126 S.Ct. 675 (2005) (reversing $106 million civil RICO judgment due to incorrect jury instructions and improper use of witness as expert)Zucker v. Menifee, 2004 U.S. Dist. LEXIS 724, (S.D.N.Y. January 21, 2004)(finding Bureau of Prisons revised policy on admission of prisoners to halfway houses unlawful)United States v. Oskowitz, 294 F. Supp. 379 (E.D.N.Y. 2003)(finding that government’s forensic document examiner may not testify as to conclusion that defendant’s handwriting matched a questioned document)Institutes of Applied Human Dynamics v. Mutual of America, 2003 U.S. Dist. LEXIS 16094 (S.D.N.Y. September 12, 2003)(dismissing ERISA Fraud complaint for lack of particularity)United States v. Fuller, 332 F.3d 60 (2d Cir. 2003)(finding trial counsel incompetent for failing to properly file notice of appeal and remanding for re-sentencing)United States v. Guevara , 277 F.3d 111 (2d Cir. 2001), on rehearing, 298 F.3d 124 (2d Cir. 2002), cert. denied, 123 S. Ct. 1613 (2003) (application of Apprendi v. New Jersey principles to mandatory minimum sentencing in narcotics cases)United States v. Zagari, 111 F.3d 307 (2d Cir. 1997) cert. denied sub nom Shay v. United States, 522 U.S. 988, 118 S.Ct. 455, 139 L.Ed.2d 390 (1997)(vacating sentencing based on ex post facto error)United States v. Garrison, 95-5252, 1996 U.S. App. LEXIS 5827 (4th Cir. March 29, 1996) (vacating sentence and remanding for new sentence; client sentenced to substantially reduced term on remand)People v. Marc D., 2006 N.Y. Misc. LEXIS 1359 (2006) People v. Gomcin, 2007 N.Y. LEXIS 323, 2007 NY Slip Op 2590 (March 27, 2007)(affirming suppression of contraband based on an unreasonable search of the defendant)People v. Donald Greaves, 1 A.D.3d 979, 767 NYS2d 530 (4th Dept. 2003)Annuziato v. Kar Grabber Mfg. Co., 298 A.D2d 476 (2d Dept. 2002)(reversing summary judgment motion against plaintiff)In re Tamara G ., 295 A.D.2d (1st Dept. 2002)(in a custody proceeding, the trial court erred in divesting a father of all visitation rights based on an allegation of sexual abuse when the testimony from experts at the hearing was conflicting; the court did not utilize an independent expert)Keenan v. Mitsubishi Estate, New York , 228 A.D.2d 330 (1st Dept. 1996)People v. Baba-Ali, 179 A.D.2d 725 (2d Dept. 1992) (trial counsel’s incompetence and prosecutorial misconduct required reversal; charges were eventually dismissed and client ruled innocent)Property Clerk, NYPD v. Pagano , 170 A.D.2d 30 (1st Dept. 1991)(reversing forfeiture of parents’ BMW despite finding that their son used the vehicle illegally)
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