Tyler Flach's murder sentencing for Khaseen Morris' death delayed until January

The sentencing of Tyler Flach, who was convicted last month of second-degree murder in the death of 16-year-old Khaseen Morris during an after-school brawl in Oceanside, was postponed until at least Jan. 30 to give his new defense team an opportunity to file a motion asking a Nassau judge to vacate the jury’s verdict. 

Acting Supreme Court Justice Howard Sturim agreed to a request by Flach’s defense attorney Samantha Chorny on Wednesday to delay sentencing of the Lido Beach resident until late next month, giving Chorny until Jan. 30 to file the motion to vacate. Sturim warned Chorny that there are very limited reasons to overturn a verdict and urged her to make her arguments count. 

The motion will ask Sturim to dismiss and then to vacate the second-degree murder charge, Chorny said, or to reduce the murder charge to manslaughter if he rejects arguments to dismiss the top count. 

“There are many arguments we will make, including ineffective counsel,” Chorny said after a brief hearing in Sturim’s courtroom. “We don’t believe that he had the right number of witnesses called to testify in his defense. We do not believe the evidence suffices a murder charge, if that. We only believe that the evidence can sustain a manslaughter charge.” 

Morris’ family declined to comment on the sentencing delay after Wednesday’s hearing. 

Flach turned back to look at his mother before he was led away by court officers.

Sturim could vacate the verdict or reduce the conviction to manslaughter when Flach and his lawyers return to court on Jan. 30, although It is rare for judges to dismiss jury verdicts prior to sentencing. The judge could again delay sentencing to give the Nassau County District Attorney’s Office time to respond to the motion. 

Sturim could also reject the motion to vacate and sentence Flach on Jan. 30. 

Testimony in the trial showed that the brawl was sparked by friction with the jealous ex-boyfriend of a girl whom Morris walked home from a party. Flach joined that teenager and others from Long Beach, who squared off with Morris and his friends from Freeport.

Attorney Edward Sapone, who represented Flach at trial, had argued that the 21-year-old Flach did not intend to kill Morris. Sapone told the jury that Flach threw a flurry of punches while holding a knife in his hand before one punch “went awry.” The knife pierced Morris’ heart during what Sapone called “reckless” behavior on Flach’s part. 

“I and my team evaluated the case from top to bottom and engaged in the most effective trial strategy,” Sapone said Wednesday. “I am confident many of the decisions we made will bear fruit for Tyler, and I wish him, his family and his team nothing but the best.” 

Prosecutors Daryl Levy and Ania Pulaski contend the fatal stabbing was intentional, and a Nassau County jury agreed on Nov. 1, convicting Flach of second-degree murder, first-degree gang assault, misdemeanor assault and weapons charges. He faces 25 years to life on the top charge.

During deliberations, jurors had also a choice to find Flach guilty of first-degree manslaughter, which has a top penalty of 5 to 25 years in prison, or second-degree manslaughter, which has a maximum of 5 to 15 years behind bars. 

The charges stemmed from the death of Morris, a senior at Oceanside HIgh School, who prosecutors said Flach fatally stabbed during a brawl in an Oceanside strip mall on Sept. 16, 2019.

Chorny, an associate with the Rosenberg Law Firm of Brooklyn, was hired earlier this month to represent Flach at sentencing and during the appeals process. 

“We really do feel that this case will end up being reversed or the judgment will be modified,” Chorny said.