Edwin I. Novillo

The question: Whether to vacate (set aside) the defendant's 2012 conviction for operating a motor vehicle while under the influence of alcohol.

Outcome / stage: Motion denied.

The defendant pleaded guilty in 2012 and later moved to vacate the conviction, arguing his plea was not made knowingly because he did not know the conviction could lead the Department of Motor Vehicles to decline his request for a new license.

History coverage: Whether this ruling was appealed was not established.

The question: Whether plea negotiations held off the court calendar paused (tolled) the time prosecutors had to be ready for trial under the state's speedy-trial law.

Outcome / stage: The defendant's motion to dismiss was granted.

The defense moved to dismiss, arguing prosecutors had exceeded their time to be ready for trial; prosecutors argued that plea talks with defense counsel had paused the clock.

History coverage: Whether this ruling was appealed was not established.

The question: On appeal, whether the judgment of conviction should stand as rendered.

Outcome / stage: The Appellate Term of the Supreme Court modified the judgment of conviction on the law.

An appeal to the Appellate Term of the Supreme Court from a Queens County criminal judgment.

Subsequent history: This entry is the appellate decision itself (Aug. 9, 2024).

The question: On appeal, whether the judgment, including the sentence, should stand.

Outcome / stage: The Appellate Division of the Supreme Court affirmed the judgment.

An appeal to the Appellate Division of the Supreme Court from a Queens County criminal judgment.

Subsequent history: This entry is the appellate decision itself (Nov. 15, 2023).