|
|
 |
|
|
|
|
Note: Copies of articles with inactive links may be found by visiting the publishers' web sites or retrieving copies from print sources. For more information please read our FAQ. Visit the Public Defense, Chief Defender List, Defense Services (includes Public Defense Data and Defense Standards), and Gideon Day pages for related news and information
Visit our News Archives to find previously posted items.
|
|
|
|
|
|
|
|
Current Developments—Court of Appeals__________________
- Smith Takes Judges To Task For Failure To Find Substantial Constitutional Issue In Gun Case, New York Law Journal (NY), March 4, 2010
- Ruling Could End Controversy About Post-Release Supervision, New York Law Journal (NY), March 2, 2010
- What Will Be Done Regarding The Many People Illegally Resentenced To Post-Release Supervision?, New York Criminal Defense (NY), February 23, 2010
- King Solomon And Guilty Pleas, New York Criminal Defense (NY), February 20, 2010
- What Are "Business Records" For Falsifying Business Records 1ﾺ?, New York Criminal Law and Procedure (NY), February 19, 2010
- Failure To Complete Diversion Program: How Much Due Process Is Required?, New York Law Journal (NY), February 17, 2010
- New COA Case On Witness Bolstering And Procedure For Responding To Jury Notes, New York Law Journal (NY), February 17, 2010
- SCIs And Joinder Of "Same Or Similar In Law" Offenses, New York Law Journal (NY), February 17, 2010
- Court Reinstates False Instrument Counts Against Firm, New York Law Journal (NY), February 16, 2010
- Speedy-Trial Deadline Is Applied Despite Reversal Of Court Ruling, New York Law Journal (NY), February 16, 2010
- City Bar Suggests Revision To Court Of Appeals Criminal Leave Process, New York Law Journal (NY), December 21, 2009
- New Decision On Conflicts Of Interest, New York Criminal Law and Procedure (NY), December 17, 2009
- Judges Approve Two-Way Televised Testimony From California Of 85-Year-Old Assault Victim, New York Law Journal (NY), December 16, 2009
- Judicial Tardiness Can Trigger Discipline, Ruling Concludes, New York Law Journal (NY), December 16, 2009
- Ten Years After - DNA And Delayed Prosecution, New York Criminal Defense (NY), December 16, 2009
- Criminal Leave Grants: The New Frontier, New York Law Journal (NY), December 7, 2009
- Inmate's Possession Of Marijuana And His Intent Deemed A Felony, New York Law Journal (NY), December 1, 2009
- Criminal Leave Grants Begin To Increase Under Lippman's Prodding, New York Law Journal (NY), November 27, 2009
- Surcharges On Calls From Prison Found Not To Be An Unjust Tax, New York Law Journal (NY), November 24, 2009
- Prosecutor's Errors Bring New Trial On 1993 Verdict, New York Law Journal (NY), November 20, 2009
- Trial Court's Authority To Allow Witness' Video Testimony Challenged, New York Law Journal (NY), November 17, 2009
- NY Court of Appeals: Granting Criminal Appeals--Up, Down, Now Up Again? (Part 4: More On Absolute Numbers), New York Court Watcher (NY), November 6, 2009
- NY Court of Appeals: Granting Criminal Appeals--Up, Down, Now Up Again? (Part 3: And Not Just Rates, But Absolute Numbers), New York Court Watcher (NY), November 5, 2009
- Another Decision On Expert Testimony On Identification Evidence, New York Criminal Defense (NY), October 28, 2009
- NY Court of Appeals: Granting Criminal Appeals--Up, Down, Now Up Again? (Part 1: Overview), New York Court Watcher (NY), October 27, 2009
- NY Court of Appeals: Granting Criminal Appeals--Up, Down, Now Up Again? (Part 2: Not Just Averages, But Year By Year), New York Court Watcher (NY), October 27, 2009
- Divided Panel Upholds Use Of Uncharged-Crime Proof In Theft Trial, New York Law Journal (NY), October 23, 2009
- Remember: Move And Then Move Again, New York Criminal Defense (NY), September 24, 2009
- Plain Logic Loses Again [Sentencing Court Chooses Relief in Resentencing], New York Criminal Defense (NY), September 11, 2009
- Deconstructing McDaniel - Ineffective Assistance And Failure To Make A Specific Motion For A Trial Order Of Dismissal, New York Criminal Defense (NY), September 6, 2009
- Bar To Suggestive Identification Procedures Held To Apply To Police, Not Civilian, Conduct, New York Law Journal (NY), June 12, 2009
- Split Panel Rejects Curfew Imposed On Rochester Youths, New York Law Journal (NY), June 10, 2009
- Court Of Appeals: 4-3 Majority Holds GPS Surveillance Requires Warrant Supported By Probable Cause, New York Court Watcher (NY), May 12, 2009
- Counsel Must Be Very Specific In Denying Police Allegations, New York Criminal Defense (NY), May 3, 2009
- Chief Judge to Review Why Court Accepts Few Criminal Appeals, New York Law Journal (NY), April 22, 2009
- Assault Charges Listing Multiple Acts Connected By And/Or Language Helds Defective, New York Criminal Defense (NY), March 27, 2009
- Warrantless GPS Monitoring Of Cars Without Time Limits Argued Tuesday, FourthAmendment.com (NY), March 23, 2009. To view the oral arguments, click here.
- Ruling Upholds Constitutionality Of NY Persistent Felon Sentences, New York Law Journal (NY), February 25, 2009
- Separate Panels Upset Conviction, Reduce Sentence, New York Law Journal (3rd Dept), February 23, 2009
- Panel Validates Branding Kidnappers Of Children As Sex Offenders, New York Law Journal (NY), February 18, 2009
- Delay In Extradition Seen To Violate Defendant's Right To Speedy Trial, New York Law Journal (NY), February 13, 2009
- Lippman Is Pick For Chief Judge, New York Law Journal (NY), January 14, 2009
- CJI Charge On Robbery In The First Degree Fails To Alert Jury Of Requirement Of Actual Possession, NY Criminal Defense (NY), January 6, 2009
- It Isn't Ineffective To Fail To Properly Object To Legally Insufficient Proof Resulting In A Conviction For A Crime Not Proved, NY Criminal Defense (NY), January 3, 2009
- Resentencing Barred For Drug Offenders Close To Parole, New York Law Journal (NY), December 18, 2008
- Court Rejects Double Jeopardy Claim, Allows Retrial, New York Law Journal (NY), December 3, 2008
- Molineux and Multiple Count Prosecutions, New York Criminal Defense (NY), December 2, 2008
- Judges Clarify Procedure For Preserving A Challenge To Sufficiency Of Evidence, New York Law Journal (NY), November 26, 2008
- Preservation of Error, Sandoval, and TOD Motions, New York Criminal Defense (NY), November 25, 2008
- Silence Held Due To 'Personal Dilemma'; Ineffectiveness Of Counsel Claim Denied, New York Law Journal (NY), November 21, 2008
- What Must Be Shown For A Defendant To Be Entitled To Specific Performance Of A Plea Agreement?, New York Criminal Defense (NY), October 25, 2008
- Challenge to Facial Sufficiency of Accusatory Instrument Not Forfeited By Guilty Plea, New York Criminal Defense (NY), October 22, 2008
- What Does CPL 190.50 Mean When It Requires That The DA Accord A Defendant A Reasonable Time To Testify At The Grand Jury?, NY Criminal Defense (NY), September 16, 2008
- DA Failure To Inform Leads To Conviction Upset, New York Law Journal (NY), June 13, 2008
- Conviction Reduced Over Low Amount of Drug, New York Law Journal (NY), June 11, 2008
- Forfeiture Of Challenges Discretionary, Panel Holds, New York Law Journal (NY), June 4, 2008
- License Infractions, But No 'Homicide', New York Law Journal (NY), May 2, 2008
- Limits On Warrantless Searches Of Body Cavities Are Defined, New York Law Journal (NY), March 26, 2008
- Taint Of 'Miranda' Violation Removed By 20-Minute Break, Ruling Concludes, New York Law Journal (NY), March 21, 2008
- Sentencing Practices At Issue For Post-Release Supervision, New York Law Journal (NY), March 17, 2008
- Court Defines When Analysis Of Evidence Is Testimonial, New York Law Journal (NY), February 20, 2008
Current Developments—Appellate Division_________________
- AD3 Weighs In On SOMTA As Guilty Plea Consequence, New York Criminal Law and Procedure (3rd Dept), March 2, 2010
- Criminally Negligent Homicide Prosecution Fails On Causation And Legal Omission Grounds, New York Criminal Law and Procedure (4th Dept), February 26, 2010
- Duty To Explain Confinement To Sex Offender Divides Panel, New York Law Journal (3rd Dept), February 26, 2010
- Opinion And Hearsay Issue Results In New Trial, New York Criminal Law and Procedure (4th Dept), February 25, 2010
- Panel Upholds Refusal To Grant Fifth Adjournment For Officer's Absence, New York Law Journal (2nd Dept), February 25, 2010
- AD4 Splits 3-2 Over De Bour Issue, New York Criminal Law and Procedure (4th Dept), February 23, 2010
- Bronx Merger Ruled Unconstitutional: The Aftermath, New York Criminal Law and Procedure (1st Dept), February 23, 2010
- Disabled Woman Able To Consent, Panel Decides, New York Law Journal (4th Dept), February 23, 2010
- AD2 Addresses Grand Jury Defects In Recent Decision, New York Criminal Law and Procedure (2nd Dept), February 22, 2010
- AD4 Upholds Enhanced Sentencing Based On Tardiness To Sentencing, New York Criminal Law and Procedure (4th Dept), February 22, 2010
- Sleepy Juror Doesn't Warrant New Trial, Courthouse News Service (2nd Dept), February 22, 2010
- Man 1ﾺ Properly Not Submitted As Lesser Included Offense Of Murder 2ﾺ On These Facts, New York Criminal Law and Procedure (2nd Dept), February 19, 2010
- Panel Reverses Homicide Conviction For Abandoning Overdose Victim, New York Law Journal (4th Dept), February 19, 2010
- AD2 Orders New Trial Due To Lack Of Proper Limiting Molineux Instructions, New York Criminal Law and Procedure (2nd Dept), February 18, 2010
- Absence Of Justification Charge Reverses Manslaughter Verdict, New York Law Journal (1st Dept), February 17, 2010
- AD4 Modifies Criminal Mischief Conviction Over Lack Of Evidence On Damage Amount, New York Criminal Law and Procedure (4th Dept), February 17, 2010
- AD2 Reverses Organized Crime-Related Conviction On Weight Of The Evidence Grounds, New York Criminal Law and Procedure (2nd Dept), February 12, 2010
- AT2 Holds That Probable Cause Is Determined From Objective Analysis Of Facts, New York Criminal Law and Procedure (2nd Dept), February 8, 2010
- AD3 Requires Resubmission Of Dismissed Charges After Plea Withdrawal, New York Criminal Law and Procedure (3rd Dept), February 5, 2010
- AD1 Reverses Falsifying Business Records Conviction, New York Criminal Law and Procedure (1st Dept), February 2, 2010
- Conviction Upset Over Faulty Post-Release Explanation, New York Law Journal (3rd Dept), February 2, 2010
- Confrontation Clause Violation Results In Reversal In AD2, New York Criminal Law and Procedure (2nd Dept), January 25, 2010
- Reversal For Prosecutorial Misconduct, New York Criminal Law and Procedure (1st Dept), January 21, 2010
- Speedy Sentencing, New York Criminal Law and Procedure (1st Dept), January 21, 2010
- "That's Fine" [Speedy Trial Adjournment], New York Criminal Law and Procedure (2nd Dept), January 19, 2010
- Split Panel Says DA Needs Court Approval To Re-Present Charge, New York Law Journal (1st Dept), January 6, 2010
- Denial Of Defendant's Bid To Proceed Pro Se Called 'Paternalistic', New York Law Journal (3rd Dept), January 5, 2010
- Gift Cards [Fit Penal Law Definition of Debit Card], New York Criminal Defense (1st Dept), January 5, 2010
- Knowing Where A Gun Is Kept Does Not Establish Possession, New York Criminal Defense (4th Dept), January 3, 2010
- Possession Of Cash A Month After Alleged Drug Sale Inadmissible, New York Criminal Defense (4th Dept), January 3, 2010
- Failure To Respond To Jury Notes Results In Reversal, New York Criminal Law and Procedure (2nd Dept), December 18, 2009
- Burglary: An Unjust Evolution?, New York Criminal Law and Procedure (1st Dept), December 17, 2009
- AD2 Reverses Conviction Because Trial Judge Did Not Recuse Himself, New York Criminal Law and Procedure (2nd Dept), December 10, 2009
- 45-Day Motion Deadline, New York Criminal Law and Procedure (2nd Dept), December 9, 2009
- Failure To Probe Potential Jurors Leads To Retrial, New York Law Journal (3rd Dept), December 7, 2009
- Objection Not Required Where Prosecution Switches Theories, New York Criminal Defense (4th Dept), December 4, 2009
- Power To Order Blood Drawn From Driver Moved To Pa. Affirmed, New York Law Journal (4th Dept), December 1, 2009
- Vow To Impose Maximum Term Coerced Plea, Panel Rules, New York Law Journal (1st Dept), November 25, 2009
- When Does A Breach Of Contract Result In Criminal Liability?, New York Criminal Law and Procedure (4th Dept), November 25, 2009
- Advising A Client On Effect Of Guilty Plea On Possible Parole Revocation, New York Criminal Law and Procedure (2nd Dept), November 24, 2009
- Can New York Police Order Blood Draw From Suspect Outside New York?, New York Criminal Defense (4th Dept), November 22, 2009
- Consent To What?, New York Criminal Defense (4th Dept), November 22, 2009
- Transportation To Police Station Amounts To De Facto Arrest, New York Criminal Law and Procedure (4th Dept), November 20, 2009
- Doing Nothing Might Not Be A Crime, New York Criminal Defense (4th Dept), November 14, 2009
- Flashing High Beams Did Not Provide Probable Cause For Stopping Vehicle, New York Criminal Defense (4th Dept), November 14, 2009
- Not Every Document Kept By A Business Qualifies As A Business Record Under CPLR 4518, New York Criminal Defense (4th Dept), November 14, 2009
- Fourth Department Recognizes Its Authority To Reduce Negotiated Sentences, New York Criminal Defense (4th Dept), November 13, 2009
- Reversal For Failure To Appreciate Sentencing Discretion, New York Criminal Law and Procedure (2nd Dept), November 6, 2009
- AD3 Reverses Sex Crimes Conviction On Weight Of The Evidence Grounds, New York Criminal Law and Procedure (3rd Dept), October 27, 2009
- Authentication Of Videotapes, New York Criminal Law and Procedure (3rd Dept), October 26, 2009
- AD3 Reverses Conviction For Criminal Possession Of A Forged Instrument, New York Criminal Law and Procedure (3rd Dept), October 22, 2009
- Warning: Tread Carefully When Cross-Examining A Witness About An Oath, New York Criminal Law and Procedure (3rd Dept), October 22, 2009
- Sentence Given By Judge Who Erred On Maximum Is Upset, New York Law Journal (2nd Dept), November 9, 2009
- Criminal Liability Is Applied To LLC For Workers' Actions, New York Law Journal (3rd Dept), October 26, 2009
- Juvenile Runaway From Nonsecure Unit Avoids Escape Charge, New York Law Journal (2nd Dept), October 20, 2009
- Divided Panel Backs Decision To Eschew Justification Defense, New York Law Journal (2nd Dept), October 13, 2009
- State Failed In Burden To Justify A Patdown; Officer Not Called, FourthAmendment.com (4th Dept), October 6, 2009
- Affidavit Of Regularity/Proof Of Mailing From DMV Is Testimonial Evidence, New York Criminal Defense (4th Dept), October 4, 2009
- Exclusion of Expert Testimony Regarding False Confessions Affirmed, New York Criminal Defense (4th Dept), October 4, 2009
- Expectation Of Privacy In Hotel Room Ends At Checkout Time, Even If Guest Is In Police Custody At Checkout Time, New York Criminal Defense (4th Dept), October 4, 2009
- Insufficient Evidence Of Reckless Endangerment In The First Degree, New York Criminal Defense (4th Dept), October 4, 2009
- Improper For Police To Extend Traffic Stop Without Reasonable Suspicion, New York Criminal Defense (4th Dept), September 1, 2009
- Panel Dismisses Counts, Halves Sentence In Rape Case, New York Law Journal (3rd Dept), August 28, 2009
- 'Consent' Did Not Remove Taint Of Unlawful Entry, Panel Concludes, New York Law Journal (1st Dept), August 27, 2009
- No Explicit Threat, But 'Menacing' Phone Calls Sufficient To Violate Protective Order, Panel Finds, New York Law Journal (3rd Dept), August 18, 2009
- Judges Need Latitude To Answer Jurors' Questions, Panel Finds, New York Law Journal (1st Dept), August 5, 2009
- Court's Refusal To Allow Witnesses Brings Reversal Of Murder Verdict, New York Law Journal (3rd Dept), August 4, 2009
- Court Removes Appellate Attorney Who Shirked Obligation To Consult With His 11-Year-Old Client, New York Law Journal (3rd Dept), July 31, 2009
- Panel Finds 'Batson' Error In Removal Of Black Juror, New York Law Journal (2nd Dept), July 20, 2009
- PINS Probation Can Continue After 18, Panel Says, New York Law Journal (2nd Dept), July 6, 2009
- Offender's Sex Partner Ruled Not A 'Stranger' Under SORA, New York Law Journal (4th Dept), June 24, 2009
- Traffic-Related Offense Results In Confinement Of Sex Offender, New York Law Journal (3rd Dept), June 19, 2009
- Conflicts Require Corrective Action, Not Just A Wink, New York Criminal Defense (4th Dept), June 14, 2009
- SORA: When Is Person Whom The Defendant Had Never Seen Before Not A Stranger, New York Criminal Defense (4th Dept), June 14, 2009
- Charges For Which Defendant Was Acquitted Should Not Be Considered In Imposing Sentence, New York Criminal Defense (4th Dept), June 8, 2009
- Counsel's 'Recurring' Errors Lead To Retrial Over PlayStation Theft, New York Law Journal (3rd Dept), June 8, 2009
- Jurisdictional Challenge To Superior Court Information Rejected, New York Criminal Defense (4th Dept), June 7th, 2009
- SORA Level Lowered On Finding Of Improvident Exercise Of Discretion, New York Criminal Defense (4th Dept), June 7th, 2009
- Constitutional Issue Not Properly Before Town Judge, Panel Finds, New York Law Journal (App T 2nd Dept), May 7, 2009
- Plea Premised On Mutual Mistake Vacated, New York Criminal Defense (4th Dept), May 3, 2009
- What Is The Remedy When A Prosecutor Insists A Defendant Wear Jail Garb When Testifying Before A Grand Jury?, New York Criminal Defense (4th Dept), May 3, 2009
- If At First You Don't Succeed [Pre-Trial Identification Procedures], New York Criminal Defense (4th Dept), April 26, 2009
- Ontario County Conviction Reversed Due To Prosecutorial Misconduct, New York Criminal Defense (4th Dept), April 26, 2009
- Single Failure To Object Constituted Ineffective Assistance Of Counsel Requiring Reversal, New York Criminal Defense (4th Dept), April 26, 2009
- Panel Finds State Hate Crimes Act Applies To Crimes Against Buildings, New York Law Journal (1st Dept), March 31, 2009
- Panel Finds Judge's Absence From Voir Dire 'De Minimus', New York Law Journal (1st Dept), March 27, 2009
- Don't File A Crawford Motion Unless You Are Certain That There Are No Non-Frivolous Issues, New York Criminal Defense (4th Dept), March 23, 2009
- Error To Deny Request For Brief Continuance To Present Critical Witness, New York Criminal Defense (4th Dept), March 23, 2009
- Threat Of Higher Sentence If Trial Meant That Guilty Plea Was Coerced, New York Criminal Defense (4th Dept), March 23, 2009
- Panel Finds Judge's Threat Of Jail Made Guilty Plea Involuntary, New York Law Journal (2nd Dept), March 3, 2009
- Split Panel Reinstates Charge For Possession Of Hidden Drugs, New York Law Journal (1st Dept), February 20, 2009
- Important Case On Requirement That Court Inform Defendant Of Mandatory Consecutive Nature Of Sentence, New York Criminal Defense (2nd Dept), February 17, 2009
- Evidence Supported An Instruction On A Claim For Right Defense, New York Criminal Defense (4th Dept), February 15, 2009
- Fourth Department Splits On Sufficiency Of Corroboration Of Unsworn Testimony Of Complainant, New York Criminal Defense (4th Dept), February 15, 2009
- Questions To Arrestee During Execution Of Search Warrant Required Miranda Warnings, New York Criminal Defense (4th Dept), February 15, 2009
- 'Improper Influence' On Jurors Brings Reversal, New York Law Journal (4th Dept), February 11, 2009
- Prosecutors Must Give A Grand Jury Clear Instructions, New York Criminal Defense (4th Dept), February 9, 2009
- Two Reasons Why Appellate Attorneys Fear A Failure To Identify A Valid Issue, New York Criminal Defense (4th Dept), February 8, 2009
- When Did The Fourth Department Last Expressly Acknowledge Its Authority To Reduce Negotiated Sentences?, New York Criminal Defense (4th Dept), February 8, 2009
- Lawyer Cannot Be Prosecuted For Giving Advice, Panel Finds, New York Law Journal (2nd Dept), January 23, 2009
- Appeals Court Reverses Drug Defendant's Conviction, Newsday (1st Dept), January 21, 2009
- Panel Finds License Suspension Applies To Out Of State Drunken Drivers, New York Law Journal (3rd Dept), January 16, 2009
- Another Reminder Of The Danger Of Appealing After A Guilty Plea, NY Criminal Defense (4th Dept), January 3, 2009
- Court Considers Sentencing Issue Sua Sponte, To Defendant's Detriment, NY Criminal Defense (4th Dept), January 3, 2009
- Lower Courts Erroneously Denied Motions For Suppression Of Evidence In Three Cases, NY Criminal Defense (4th Dept), January 3, 2009
- Admission Of Preliminary Hearing Testimony Held To Violate Defendant's Right To Confrontation, NY Criminal Defense (4th Dept), January 2, 2009
- Court Finds Judge Erred In Allowing TV Testimony, Upsets Conviction, New York Law Journal (1st Dept), December 31, 2008
- No Error Found In Prosecutor Using 'Pedophile' In Summation, New York Law Journal (3rd Dept), December 30, 2008
- Third Department Is First to Release a Sex Offender On Basis of Invalid Post-Release Supervision Order, New York Law Journal (3rd Dept), December 16, 2008
- Crime Period Ruled Too Broad For Defense, New York Law Journal (2nd Dept), December 15, 2008
- Rape Conviction Overturned For Lack Of Specificity, NY Criminal Defense (2nd Dept), December 12, 2008
- Panel Faults Judge's Handling of Hearsay, Failure To Give Missing Witness Charge; New Trial Granted, New York Law Journal (2nd Dept), December 12, 2008
- Panel Faults Jury Instructions And Upsets Weapons Possession Conviction, New York Law Journal (1st Dept), December 10, 2008
- Panel Upsets Conviction For Burglary, New York Law Journal (1st Dept), November 10, 2008
- Rochester's Curfew On Minors Found To Violate State, US Law, New York Law Journal (4th Dept), October 17, 2008
- Attorney's Conviction Upset Over State's Lack Of Evidence, New York Law Journal (2nd Dept), October 10, 2008
- Panel Finds Reversible Error In Trial Court's Failure To Disclose Contents Of 'Deadlock' Note, New York Law Journal (1st Dept), October 10, 2008
- Complainant-Paid Attorneys Barred From Prosecuting, New York Law Journal (2nd Dept), October 6, 2008
- Pressure On Juror 'Undercuts' Guilty Verdict, New York Law Journal (2nd Dept), September 5, 2008
- Proof Of Uncharged Crimes Shows MO, Relevant To Identification, Panel Concludes, New York Law Journal (3rd Dept), August 26, 2008
- Panel Finds Evidence Of Force Insufficient, Upsets Rape Verdict, New York Law Journal (3rd Dept), August 25, 2008
- Panel Defers To Hearing Court Finding On Detective's Credibility, New York Law Journal (2nd Dept), July 28, 2008
- Inmate Questioning Ruled Not Custodial, New York Law Journal (3rd Dept), July 10, 2008
- Panel Rejects Bid To Upset Depraved Murder Conviction, New York Law Journal (1st Dept), July 1, 2008
- Murder Conviction Is Upset Over Faulty Charge to Jury, New York Law Journal (1st Dept), June 25, 2008
- Convictions Of Two Women For Gang Assault Reversed, New York Law Journal (1st Dept), June 23, 2008
- Breathalyzer Source Code Ruled Discoverable, New York Law Journal (2nd Dept), June 16, 2008
- Failure To Give Jurors Oath Ruled A 'Fundamental Error', New York Law Journal (3rd Dept), June 16, 2008
- No Due Process Violation Found In Stun Belt Use During Trial, New York Law Journal (4th Dept), June 10, 2008
- In One Year, Court Finds Four Of Judge's Sentences Excessive, New York Law Journal (2nd Dept), June 9, 2008
- Split Panel Affirms Use Of GPS Device By Police, New York Law Journal (3rd Dept), June 9, 2008
- Panel Concludes Requested Charge Not Supported By the Evidence, New York Law Journal (3rd Dept), June 5, 2008
- Court Finds 'Depraved Indifference', New York Law Journal (3rd Dept), May 23, 2008
- Panel Faults Defendant's Absence From Sidebar, New York Law Journal (1st Dept), May 23, 2008
- Vouching For Witness By Prosecutor Brings Reversal, New York Law Journal (1st Dept), May 9, 2008
- Panel Finds Counsel Lacked Time To Prepare, New York Law Journal (3rd Dept), May 5, 2008
- Judge, Prosecution And Defense Contribute To Need For Reversal, New York Law Journal (1st Dept), April 28, 2008
- Panel Faults Pledge To Prove Innocence, New York Law Journal (2nd Dept), April 28, 2008
- Panel Says Trial Court Erred By Dismissing Conviction, New York Law Journal (2nd Dept), April 21, 2008
- DNA Markers Found Ample For Indictment, New York Law Journal (1st Dept), April 18, 2008
- Plea Upset Over Failure To Advise On Length Of Felon's Supervision, New York Law Journal (1st Dept), April 18, 2008
- Bent Transit Card 'Forged Instrument,' Panel Rules, New York Law Journal (1st Dept), April 10, 2008
- Panel Determines Depraved Indifference Standard Changed With 'Payne' Ruling, New York Law Journal (3rd Dept), March 28, 2008
- Court's Denial Of Motion To Vacate Murder Conviction Is Reversed, New York Law Journal (4th Dept), March 20, 2008
- Panel Finds Death Penalty Ruling Did Not Require a New Jury Pool, New York Law Journal (3rd Dept), March 20, 2008
- Panel Slashes Longer Term Given After Murder Retrial, New York Law Journal (3rd Dept), March 10, 2008
- Panel Modifies Convictions As Counsel Found Ineffective, New York Law Journal (2nd Dept), March 3, 2008
- Panel Drops Preservation In Appeals Waiver Cases, New York Law Journal (3rd Dept), February 22, 2008
- Search Upheld As Panel Debates Students' Rights, New York Law Journal (1st Dept), January 31, 2008
- No Consent For Bag Search, Panel Finds, New York Law Journal (1st Dept), January 30, 2008
- Car Search Violated Defendant's Right To Privacy, Panel Finds, New York Law Journal (3rd Dept), January 28, 2008
- Panel Upholds Taping Without Consent, New York Law Journal (2nd Dept), January 23, 2008
- Double Jeopardy Precludes New Trial, Panel Says, New York Law Journal (1st Dept), January 16, 2008
- Inmate's Parental Rights Are Restored, New York Law Journal (1st Dept), January 15, 2008
- Panel Upholds Hearsay Admission In Sex Offender Determination, New York Law Journal (2nd Dept), January 14, 2008
- Law Change Triggers Upholding Of Conviction In Sex Sting, New York Law Journal (2nd Dept), January 4, 2008
- Panel Blasts Bronx D.A. For 'Flagrant' Violation, New York Law Journal (1st Dept), January 4, 2008
Current Developments—Trial Courts______________________
- Statements Survive Challenge Grounded on OCD 'Brain Freeze', New York Law Journal (Nassau County), March 1, 2010
- AOL Not Agent Of Government When It Discloses User's Child Porn, FourthAmendment.com (NYC), February 18, 2010
- Court Orders Evaluation Of Juveniles Before Relying On Shackles, New York Law Journal (NYC), January 27, 2010
- Judge Blasts Lawyer-Turned-Author On Ethics, Intellectual Honesty Over Defense Of Ex-Client, New York Law Journal (Bronx), January 29, 2010
- Bronx DA Loses Bid To Intervene In Eviction Of Tenant For Drugs, New York Law Journal (Bronx), January 25, 2010
- Failure To Explore Alibi Defense Upsets Double-Murder Conviction, New York Law Journal (Westchester County), January 11, 2010
- Amended Charging Document Undercuts Proof Of Intent, Judge Says, New York Law Journal (NYC), November 6, 2009
- Jury Will Decide If Hunting Fatality Is Negligent Homicide, Judge Says, New York Law Journal (Essex County), October 26, 2009
- Judge Takes 'Fresh Look' At Testimony On Confessions, New York Law Journal (NYC), September 29, 2009
- Antidepressant Withdrawal Is Blamed For Assault, New York Law Journal (Nassau County), September 11, 2009
- Man Convicted Of Murder To Get New Hearing On Eyewitness Testimony, New York Law Journal (NYC), August 10, 2009
- Citing 'Melendez-Diaz,' Judge Calls Technicians To Testify In Person, New York Law Journal (Nassau County), August 7, 2009
- Faulting Counsel, Judge Vacates Murder Verdict, New York Law Journal (Brooklyn), July 31, 2009
- Judge Blasts NYPD Over Destruction Of Fireworks, New York Law Journal (Bronx), July 27, 2009
- Court Reaches Different Conclusions In Two Cases Involving Charges Of Interfering With Police Work, New York Law Journal (NYC), July 16, 2009
- Court Reverses Gun Conviction, Representation Not 'Meaningful', New York Law Journal (NYC), June 25, 2009
- Brief Loss Of Breath From Punch Held To Support Assault Charge, New York Law Journal (NYC), June 15, 2009
- Queens Judge Suppresses Evidence Found In Search By 'Curious' Police, New York Law Journal (NYC), June 10, 2009
- 'Subtly Coercive' Police Promise Triggered 'Miranda,' Judge Rules, New York Law Journal (Nassau County), June 5, 2009
- Charges Dismissed As Court Finds Police Fail To Support Claims Against Cab Driver, New York Law Journal (NYC), May 4, 2009
- Prosecutor's Error In Grand Jury Results In Dismissal Of Indictment, New York Law Journal (Queens), March 11, 2009
- Drug Charge Stands Despite Officer's Identification Of Cocaine As Heroin, New York Law Journal (NYC), January 22, 2009
- Way Is Cleared For New Trial In 1994 Slaying, New York Law Journal (Westchester County), January 13, 2009
- Testimony Is Suppressed After Police Destroy 911 Tapes, New York Law Journal (Nassau County), December 4, 2008
- Judge Drops Charges Against 9/11 'Hero', New York Law Journal (Suffolk County), December 2, 2008
- Broader Law On Protection Orders Found Retroactive, New York Law Journal (Onondaga County), November 19, 2008
- Touching Charge Dismissed Against 84-Year-Old, New York Law Journal (Nassau County), November 17, 2008
- Facts Alleged Do Not Support Three Charges, Judge Finds, New York Law Journal (NYC), November 5, 2008
- 'Menace' Allegations Found Insufficient, New York Law Journal (Queens), October 31, 2008
- Ruling Faults Breathalyzer Warnings Procedure, New York Law Journal (Bronx), October 30, 2008
- Judge Upsets Conviction, Finding Murder 'Intentional', New York Law Journal (Westchester County), September 26, 2008
- Judge Rejects Admission Of Hearsay-Laden Report, New York Law Journal (Nassau County), September 18, 2008
- Court Gives Police Leeway In Questioning Suspects Charged In John Doe Indictments, New York Law Journal (Queens), September 17, 2008
- Ticket Plea Policy Not Up To Courts, Ruling Says, New York Law Journal (Dutchess County), September 12, 2008
- Physician Privilege Claim Rejected In Baby's Death, New York Law Journal (Brooklyn), September 11, 2008
- Judge Faults Factual Part, But Upholds Indictment, New York Law Journal (Nassau County), September 9, 2008
- Judge Faults D.A.'s Role in Drug Eviction Proceeding, New York Law Journal (Bronx), August 27, 2008
- Absence Of Proof On Reliability Of Late Breathalyzer Test Faulted, New York Law Journal (Bronx), July 29, 2008
- Plaintiff Ordered To Turn Over Her Sealed Criminal Records, New York Law Journal (NYC), July 21, 2008
- Charges Of Sending Clandestine Video Dismissed, New York Law Journal (NYC), June 16, 2008
- Judge Upholds Nassau Query For Selecting Grand Jurors, New York Law Journal (NassauCounty), May 29, 2008
- Judge Offers Confession Safeguards, New York Law Journal (Queens), May 21, 2008
- Judge Suppresses Heroin, Finds Frisk Of Passenger Unjustified, New York Law Journal (NYC), May 8, 2008
- Trespassing Charges Not Supported By Proof Of 'Dusk,' Court Determines, New York Law Journal (Staten Island), May 6, 2008
- Late Claims Rejected In False Arrest Suit Against County, Police, New York Law Journal (SuffolkCounty), April 22, 2008
- Panel Finds Batterer Lost Right To Confront, New York Law Journal (NYC), April 16, 2008
- Court Sustains Cruelty Charge Against Cat Owner, New York Law Journal (NYC), March 24, 2008
- Alleged Victim to Get Independent Counsel, New York Law Journal (WestchesterCounty), March 17, 2008
- Oath of 7-Year-Old Boy Faulted; Indictment Dismissed, New York Law Journal (WestchesterCounty), March 14, 2008
- Defendant 'Forfeited' Counsel Right, New York Law Journal (Queens), March 6, 2008
- Enforcement Of Plea Deals Becomes Anything But Routine For Two Judges, New York Law Journal (NY), March 3, 2008
- Charges Against School Principal Dropped In 'Interest Of Justice', New York Law Journal (NYC), February 28, 2008
- Judge Cancels Plea Deal After Ex-Client Objects, New York Law Journal (NassauCounty), February 26, 2008
- Unsealing Violation Records Requires Notice, Judge Concludes, New York Law Journal (Watertown), February 22, 2008
- 'Friend Request' Could Violate Protection Order, New York Law Journal (NYC), February 14, 2008
- Post-'Miranda' Statement Suppressed, New York Law Journal (Brooklyn), January 24, 2008
Special Reports_______________________________________
NEW YORK COURT OF APPEALS UPDATE
This is a review of significant criminal cases pending in the NY Court of Appealsprepared by Robert S. Dean, Attorney-in-Charge, Center for Appellate Litigation (CAL).
- New York Court of Appeals Update (January 15, 2010) (149K PDF)
- New York Court of Appeals Update (November 15, 2009) (62K PDF)
- New York Court of Appeals Update (September 15, 2009) (151K PDF)
- New York Court of Appeals Update (July 15, 2009)
- New York Court of Appeals Update (May 15, 2009) (127K PDF)
- New York Court of Appeals Update (March 15, 2009) (121K PDF)
- New York Court of Appeals Update (November 15, 2008) (51K PDF)
- New York Court of Appeals Update (July 15, 2008) (127 PDF)
- New York Court of Appeals Update (May 15, 2008) (39K PDF)
- New York Court of Appeals Update (March 15, 2008) (40K PDF)
- New York Court of Appeals Update (January 15, 2008) (39K PDF)
- New York Court of Appeals Update (November 15, 2007) (41K PDF)
- New York Court of Appeals Update (September 15, 2007) (36K PDF)
- New York Court of Appeals Update (July 15, 2007) (109K PDF)
- New York Court of Appeals Update (May 15, 2007) (35K PDF)
- New York Court of Appeals Update (March 15, 2007) (51K PDF)
- New York Court of Appeals Update (January 15, 2007) (125K PDF)
- New York Court of Appeals Update (November 15, 2006) (44K PDF)
- New York Court of Appeals Update (September 15, 2003) (42K PDF)
- New York Court of Appeals Update (July 15, 2006) (33K PDF)
- New York Court of Appeals Update (May 15, 2006) (36K PDF)
- New York Court of Appeals Update (March 15, 2006) (40K PDF)
- New York Court of Appeals Update (January 15, 2006) (44K PDF)
- New York Court of Appeals Update (November 15, 2005) (46K PDF)
- New York Court of Appeals Update (September 15, 2005) (40K PDF)
- New York Court of Appeals Update (July 15, 2005) (40K PDF)
- New York Court of Appeals Update (May 15, 2005) (47K PDF)
- New York Court of Appeals Update (March 15, 2005) (45K PDF)
- New York Court of Appeals Update (January 15, 2005) (51K PDF)
- New York Court of Appeals Update (November 15, 2004) (70K PDF)
- New York Court of Appeals Update (July 15, 2004) (62K PDF)
- New York Court of Appeals Update (May 15, 2004) (49K PDF)
- New York Court of Appeals Update (March 15, 2004) (54K PDF)
- New York Court of Appeals Update (January 15, 2004) (95K PDF)
- New York Court of Appeals Update (November 15, 2003) (108K PDF)
- New York Court of Appeals Update (September 15, 2003) (62K PDF)
- New York Court of Appeals Update (July 15, 2003) (48K PDF)
- New York Court of Appeals Update (May 15, 2003) (64K PDF)
- New York Court of Appeals Update (March 15, 2003) (61K PDF)
- New York Court of Appeals Update (January 15, 2003) (82K PDF)
Research Links_______________________________________
|
|
|
|
|
