Brooklyn Appellate Court to hear appeal in case where ex-judge admitted race bias
A Brooklyn Appellate Court judge has granted a certificate of appeal allowing a criminal defendant the opportunity to appeal his conviction after the original judge admitted a race-based bias against the defendant during his trial.
The defendant, Donald Kagan, is currently serving a 15 years to life sentence for the fatal shooting of Wavell Wint, an African-American man, outside of a movie theater.
Associate Justice Sylvia Hinds-Radix, late last month, granted Kagan leave to appeal his denied motion to vacate and argue his case before the intermediate Brooklyn-based appellate court.