The appellate courts of the State of New York are known for the ability to write a concise, clear and unambiguous decision on an appeal of a convicted criminal. In The People Of The State Of New York v. Kevin A. Ashby No. 2021-07434, New York Supreme Court, Fourth Department (December 23, 2021), Kevin A. Ashby appealed a judgment that sentenced him to a jury trial for third-degree insurance fraud and attempted third-degree aggravated theft only to have his appeal summarily dismissed.
In appealing a judgment that convicted him following a jury verdict for insurance fraud in the third degree (Criminal Code § 176.20), the accused Ashby claimed that the prosecution is deficient in the jurisdiction.  the first point of the indictment to recite all parts of the crime in its entirety "did not constitute a jurisdictional error because that point specifically referred to the applicable section of the Penal Code" and is not sufficient to uphold an appeal against a conviction.
Although the defendant argued that each point of the indictment was legally insufficient because the charges did not contain sufficient factual allegations, he failed to preserve his claim for review, and the court refused to exercise its power to review it at its own discretion in the interests of justice.
Ashby also claimed that point one of the charges was changed unlawfully. Contrary to the defendant's assertions, he had to retain that allegation of appeal.
Insurance fraud convicted by a jury is usually so shocked that they are arrested, brought to justice and sentenced to appeal immediately even if they have no basis for the appeal. Mr. Ashby's appeal was simply inadequate and was quickly decided by the Court of Appeal for failure to preserve any of the issues during the trial and for being properly prosecuted, tried, convicted and convicted.
© 2022 – Barry Zalma  Barry Zalma, Esq. , CFE, now limits his internship to the position of insurance consultant specializing in insurance coverage, insurance claims management, non-life insurance and insurance fraud almost equally for insurers and policyholders.
He also serves as an arbitrator. or media tor for insurance-related disputes. He practiced law in California for more than 44 years as a lawyer for insurance coverage and claims management and more than 54 years in the insurance industry.
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