In a 2009 trial, DeLee was convicted of first-degree manslaughter as a hate crime, under New York State’s hate crime law, a law patterned after ADL's Model Law. The jury also found DeLee not guilty on a second count, which was described to the jury as including manslaughter "but not as a hate crime." DeLee's attorneys appealed the verdict, arguing that the two verdicts contradicted each other and that therefore the conviction should be reversed. The Appellate Division agreed and on a 4-1 decision in July reversed the conviction, and DeLee was immediately released from prison. ADL joined a distinguished group of organizations urging the Court to reinstate the conviction so that justice may be served.