In the world of criminal defense, a jury verdict is never the final word—especially when it’s wrong. At Hamilton Clarke, LLP, we pride ourselves on seeing the fight through, no matter how long it takes or how steep the road.
Back in 2022, Partners Phillip Hamilton and Lance A. Clarke went to trial in a challenging Brooklyn case involving allegations under New York’s relatively new statute prohibiting the unlawful dissemination of intimate images. After months of rigorous preparation, the team succeeded in getting two out of three charges dismissed mid-trial. The third went to the jury.
Lance delivered one of the most compelling closing arguments of his career. But after two days of deliberation, the jury returned a guilty verdict on the remaining count. It was a gut punch—not only to our client, but to the defense team that knew the evidence didn’t support the conviction.
We didn’t let it stand.
Alongside associate Ethan Van Buren, our team filed a detailed appellate brief challenging the legal sufficiency of the prosecution’s case. Ethan then argued the appeal before the Appellate Term, Second Department. The panel issued its decision just this week:
Conviction reversed. Case dismissed.
The court agreed with our argument that the prosecution’s charging documents were jurisdictionally defective. Specifically, the facts alleged failed to establish two critical elements of the offense: that the image in question had actually been disseminated, and that our client was responsible for the dissemination. Without those allegations, the case never should have proceeded to trial.
This ruling reinforces a fundamental truth: in criminal law, speculation is not enough. Every element of a charge must be supported by non-hearsay factual allegations. When the law is followed, justice prevails.
“This win reflects the essence of our practice,” said Mr. Hamilton. “We fight for our clients—always. No matter the odds, no matter the facts—because that’s what justice demands.”
We’re proud of this outcome, proud of our team, and proud to keep showing up—for justice, for fairness, and for every client who puts their trust in us.