People who commit insurance fraud think it's a crime with no punishment or concern. When caught, prosecuted and convicted, the perpetrator is so surprised that he or she is one of the few unfortunates caught that they use their disadvantaged profits to fund unfounded and frivolous appeals. For example, in The People of the State of New York v. Troy M. Cordell, Jr., 637 KA 13-02114, 2020 NY Slip Op 06606, Supreme Court of the State Of New York Appellate Division, Fourth Legal Department (November 13, 2020) Troy M. Cordell, Jr. filed such an appeal. Cordell had been convicted by a fourth-degree insurance fraud jury (Criminal Code 176.15) and falsified first-degree business records (§ 175.10), Cordell argued that the evidence was legally insufficient to establish his intent to defraud. ] The Board of Appeal noted that Cordell failed to keep this statement for review in so far as he failed to renew his request for dismissal after presenting evidence. Looking at the evidence in the light of the elements of the crimes accused by the jury, it concluded that the verdict did not conflict with the weight of the evidence.
Because Cordell failed to maintain his procedural challenge against the Supreme Court's decision on his application and In any case, the challenge lacked merit. By denying the defendant's challenge, the court thus implicitly held that the racially neutral statements made by the prosecutor in order to exercise compelling challenges with regard to the two future members of the jury in question were not feasible.
In any event, the Court concluded that any irregularities were not so far-reaching or difficult to deprive the defendant of a fair trial. Since the court concluded that there was no prosecution against the prosecutor, it rejected Cordell's further claim that he was denied effective assistance by lawyers based on the defense's failure to oppose certain alleged irregularities.
In addition, when the jury's request is of a ministerial nature. and therefore requires only a ministerial response. The note in question only necessitated the Minister's action to inform the jury that the requested object was not evidence. Although the minutes do not show whether the court responded to the note, the need for a ministerial response was eliminated by the fact that the jury reached a verdict only 23 minutes after the subject had been examined.
The Court of Appeals of New York gave serious consideration to a useless appeal based on allegations of wrongdoing not maintained during the trial, claiming that his lawyer was inadequate and simply trying all possible excuses for his conviction. The Court of Appeal, before a verdict that took the jury 23 minutes to decide on his guilt, based on overwhelming evidence, and a ministerial response to a request from the jury that what they asked was not in evidence, worked very well to convince the court to unanimously confirm the conviction and make sure Cordell spends appropriate time in the gray bar hotel.
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, handling insurance claims, insurance operations and insurance fraud almost equally for insurers and insurers. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 53 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following libraries of books and other materials to enable insurance companies and their claims staff to become insurance claims staff.
https://zalma.com/zalmas-insurance-fraud-letter-2/ Last read two issues of ZIFL here.
Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921  Read posts from Barry Zalma at https://parler.com/profile / Zalma / posts  Listen to the podcast: Zalma on Insurance https://anchor.fm/dashboard/episodes Zalma on Insurance
Go to Barry Zalma on YouTube – https://www.youtube.com/channel / UCysiZklEtxZsSF9DfC0Expg] / [1965900Gotoinsuranceclaimslibrary-https://zalmacom/blog/insurance-claims-library/
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