Guilty Verdict of Insurance Fraud Stands for Lack of Appellate Issues

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The appellate courts of the state of New York are noted for the ability to write a succinct, clear and unambiguous decision on an appeal by a convicted criminal. In The People Of The State Of New York v. Kevin A. Ashby, No. 2021-07434, Supreme Court of New York, Fourth Department (December 23, 2021) Kevin A. Ashby appealed from a judgment that convicted him upon a jury verdict of insurance fraud in the third degree and attempted grand larceny in the third degree only to have his appeal rejected summarily.

THE APPEAL

On appeal from a judgment convicting him upon a jury verdict of insurance fraud in the third degree defendant Ashby contended that the indictment is jurisdictionally defective.

Although defendant contended that each count of the indictment is legally insufficient because the counts do not set forth sufficient factual allegations, he failed to preserve his contention for review, and the court declined to exercise its power to review it as a matter of discretion in the interest of justice.

ZALMA OPINION

Insurance fraud perpetrators who are convicted by a jury are usually so shocked that they were arrested, tried and convicted that they immediately file an appeal even if they have no viable ground supporting the appeal. Mr. Ashby’s appeal was simply inadequate and was disposed of with alacrity by the appellate court for failure to preserve any of the issues at trial and because he was properly charged, tried, convicted and sentenced.

© 2022 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.

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