February 9, 2022
On February 9, 2022, Schlam Stone & Dolan attorney Michael Brodlieb, working with The Legal Aid Society, won a major victory for a pro bono client when the New York State Supreme Court Appellate Division, Second Department, reversed his conviction for attempted assault and criminal possession of a weapon, and ordered a new trial.
On appeal, Schlam Stone successfully argued that the trial court erred by admitting into evidence a photograph taken from a social media website, allegedly depicting the client wearing clothing similar to that of the perpetrator. In reversing the conviction, the Appellate Division agreed with Schlam Stone’s argument that the photograph was admitted without a proper foundation and, as such, constituted an error as a matter of law. Given the inconclusive nature of the other evidence, coupled with the shaky credibility of the alleged victim, the Appellate Division also agreed with Schlam Stone’s argument that the error was not harmless.