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Current Developments—Court of Appeals__________________
- Court Of Appeals Allows A "Police Oversight" To Overcome Preclusion, New York Law Journal (NY), August 10, 2010
- Defendant's Resistance To Lineup Is Held To Justify Use Of Photo ID, New York Law Journal (NY), June 30, 2010
- Pleading A Gravity Knife Charge, New York Criminal Law and Procedure (NY), June 26, 2010
- Depraved Indifference Developments, New York Criminal Law and Procedure (NY), June 22, 2010
- Legality Of Detention 'Irrelevant' To Commitment Of Sex Offenders, New York Law Journal (NY), June 16, 2010
- Ruling Sticks To Procedure, Denies Counsel Claim, New York Law Journal (NY), June 11, 2010
- EED Notice Even When Defendant Is Relying On Lay Testimony, New York Criminal Law and Procedure (NY), June 10, 2010
- Warrantless Canine Sniff Of Vehicle Allowed Under 'Founded Suspicion' Standard, Court Finds, New York Law Journal (NY), June 8, 2010
- Probation Rules, Sex Offender Listing Need Not Be Aired At Pleas, New York Law Journal (NY), May 12, 2010
- Court Of Appeals Refuses To Permit Vacatur Of Plea Where Agreed Upon Sentence Unlawfully Severe, New York Criminal Defense (NY), May 11, 2010
- Defendant Entitled To Claim Of Right Jury Instruction, New York Criminal Law and Procedure (NY), May 7, 2010
- Defendant Fails To Make Sufficient Showing For Suppression Hearing, New York Criminal Law and Procedure (NY), May 7, 2010
- Can Changed Circumstances Invalidate A Waiver Of Appeal?, New York Criminal Law and Procedure (NY), May 5, 2010
- Spillover Effect Of Brady/Rosario Violations, New York Criminal Law and Procedure (NY), May 4, 2010
- How Much Of A Jury's Note Must A Trial Court Disclose To Counsel?, New York Criminal Law and Procedure (NY), April 23, 2010
- Court Of Appeals Upholds SORA Classification Of A Level Three Sex Offender, New York Criminal Law and Procedure (NY), April 22, 2010
- Between A Rock And A Hard Place On Counsel's Conflict Of Interest, New York Criminal Law and Procedure (NY), April 14, 2010
- COA Considers Jail-Time Credit Issue With Split Sentences, New York Criminal Law and Procedure (NY), April 8, 2010
- Court of Appeals Apparently Recognizes Inferential Objections, New York Criminal Defense (NY), April 6, 2010
- Overly Broad Warrant Did Not Justify Strip Searches at Suspected Drug Emporium, Judges Determine, New York Law Journal (NY), April 2, 2010
- Timing Is (Nearly) Everything - If You Want A Missing Witness Charge, New York Criminal Defense (NY), April 1, 2010
- Judges Rule Property Crimes Are Included In Hate Crimes Act, New York Law Journal (NY), March 31, 2010
- Identity Information In DMV Records Not Suppressible As Fruit Of Illegal Stop, New York Criminal Defense (NY), March 30, 2010
- Hearing Required On Voluntariness Of Guilty Plea Since Plea Linked To Defendant's Furlough Request, New York Criminal Law and Procedure (NY), March 5, 2010
- 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_________________
- Enlargement Of Probation Conditions, New York Criminal Law and Procedure (1st Dept), August 22, 2010
- Written Waiver Of Appeal Right Was Not Sufficient, Panel Rules, New York Law Journal (2nd Dept), August 17, 2010
- Citing Trial Errors, Panel Upsets Sword Murder Conviction, New York Law Journal (2nd Dept), August 13, 2010
- Judges' Power To Reduce Traffic Charges Are Limited, Panel Finds, New York Law Journal (2nd Dept), August 9, 2010
- Batson Violation Found, New York Criminal Law and Procedure (4th Dept), August 3, 2010
- Emergency Exception To The Fourth Amendment, New York Criminal Law and Procedure (2nd Dept), August 3, 2010
- AD4 Reverses For Failure To Grant Adjournment At Sentencing, New York Criminal Law and Procedure (4th Dept), July 29, 2010
- Failure To Shepardize? AD1 Reverses Conviction, Relying On Overruled Cases, New York Criminal Law and Procedure (1st Dept), July 10, 2010
- Misstep By Appellate Counsel Brings Dismissal Of Indictment, New York Law Journal (1st Dept), July 1, 2010
- Prosecutor's 'Brady' Violation Brings New Trial In Abuse Case, New York Law Journal (2nd Dept), June 22, 2010
- State Panel Says Circuit Ruling On Persistent Felon Not Binding, New York Law Journal (3rd Dept), June 22, 2010
- 'Aggressive' Conduct Justified Search, Panel Finds, New York Law Journal (1st Dept), June 11, 2010
- Rulings Interpret High Court Post-Release Supervision Decision, New York Law Journal (1st Dept), May 27, 2010
- Admission Of Statements Made To Informant Upsets Murder Conviction, New York Law Journal (4th Dept), May 12, 2010
- Panel Upholds Refusal To Allow Identification Expert, New York Law Journal (1st Dept), May 7, 2010
- Panel Questions Defendant's Knowledge Of Plea Deal's Effect, New York Law Journal (3rd Dept), April 26, 2010
- AD3 Becomes First Court In Country To Cite Padilla In Reversing Conviction, New York Criminal Law and Procedure (3rd Dept), April 22, 2010
- AD2 Reverses Conviction Because Of Improper Evidence Of Bribe, New York Criminal Law and Procedure (2nd Dept), April 22, 2010
- AD4 Grants 440 Motion On IAC Claim, Relying On Related 2d Cir. Case, New York Criminal Law and Procedure (4th Dept), April 19, 2010
- Unarmed Teen Liable For Assault As Accessory, Majority Concludes, New York Law Journal (1st Dept), April 9, 2010
- Course Of Sexual Conduct: Proving The Victim's Age, New York Criminal Law and Procedure (2nd Dept), April 7, 2010
- Does Failure To Call An Expert Constitute IAC?, New York Criminal Law and Procedure (3rd Dept), April 6, 2010
- AD4: Consent Exception Not Proven, New York Criminal Law and Procedure (4th Dept), April 5, 2010
- Appellate Court Finds Exception To Incompatibility Of Intentional Conduct And Depraved Indifference, New York Law Journal (2nd Dept), April 5, 2010
- AD4 Considers Pair Of Cases Dealing With Definition Of "Physical Injury", New York Criminal Law and Procedure (4th Dept), March 31, 2010
- Panel Orders New Murder Trial, Citing Ineffective Assistance, New York Law Journal (3rd Dept), March 29, 2010
- Appellate Division Orders Defendant Restored To Probation After Revocation By Lower Court, New York Criminal Defense (4th Dept), March 26, 2010
- Evidentiary Errors Lead To Reversal Of Sex Crime Conviction, New York Criminal Defense (4th Dept), March 26, 2010
- In Absentia SORA Hearing Error Absent Proof Of Notice Of Hearing, New York Criminal Defense (4th Dept), March 26, 2010
- Jurors Who Would Favor The Testimony of Police Are Not Qualified To Serve, New York Criminal Defense (4th Dept), March 26, 2010
- SORA Can't Be Imposed Eleven Years After Expiration Of Sentence, New York Criminal Defense (4th Dept), March 26, 2010
- AD3 Uses Line Of Fire Test Regarding Reckless Endangerment Issue, New York Criminal Law and Procedure (3rd Dept), March 23, 2010
- AD2 Vacates Conviction For UUV 2ﾺ, New York Criminal Law and Procedure (2nd Dept), March 20, 2010
- Justification And The Victim's Arrest Record, New York Criminal Law and Procedure (2nd Dept), March 18, 2010
- Is A Missing Witness Under The Control Of The People If She May Commit Perjury If Called To Testify?, New York Criminal Law and Procedure (2nd Dept), March 15, 2010
- AD2 Weighs In On Interpretation Of Gang Assault 1ﾺ And Accomplice Liability, New York Criminal Law and Procedure (2nd Dept), March 12, 2010
- AD2 Denies People's Appeal From Defendant's Successful Motion To Suppress, New York Criminal Law and Procedure (2nd Dept), March 11, 2010
- AD2 Disagrees With AD1 On Chief Judge's Authority To Transfer Cases To Merged/IDV Courts, New York Criminal Law and Procedure (2nd Dept), March 11, 2010
- AD2 Vacates Due To Defect In Jury Charge On Lesser Included Offense, New York Criminal Law and Procedure (2nd Dept), March 9, 2010
- AD3 Reverses And Orders New Trial In DWI Case Due To Inadmissible Hearsay, New York Criminal Law and Procedure (3rd Dept), March 8, 2010
- Does An Appellate Attorney Have A Conflict Of Interest When The Defendant Wants Him To Pursue An IAC Claim?, New York Criminal Law and Procedure (3rd Dept), March 8, 2010
- Rape Conviction Reversed Over Lack Of Evidence Of Victim's Mental Incapacity, New York Criminal Law and Procedure (3rd Dept), March 8, 2010
- 710.30 Un-Noticed Statements And Voluntariness, New York Criminal Defense (4th Dept), March 7, 2010
- AD3 Considers Unusual Jury Selection Issue, New York Criminal Law and Procedure (3rd Dept), March 4, 2010
- 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______________________
- Parole Officer Provided 'Cover' For Illegal Search, Court Rules, New York Law Journal (Bronx), August 24, 2010
- A.G.'S Office Declines To Defend Law That Prevents Appointment Of Counsel In Serious Traffic Offenses, New York Law Journal (Nassau County), June 4, 2010
- Judge Rules Defendant Was Thwarted In Calling Witnesses, New York Law Journal (Brooklyn), June 3, 2010
- Court Dismisses Charge Of Unauthorized Computer Access, New York Times (NYC), May 5, 2010
- City Is Held In Contempt On Loitering, New York Times (NYC), April 26, 2010
- Judge Faults Verdict But Says Law Forces Sex Offender's Release, New York Law Journal (Bronx), April 26, 2010
- Judge Finds Helium 'Noxious' Substance Under Penal Law, New York Law Journal (NYC), April 23, 2010
- 'Active Participation' Provides Sufficient Proof Of Murder, Judge Says, New York Law Journal (NYC), April 14, 2010
- Citing Defendant's 'Bad Judgment,' Illness, Judge Dismisses Case, New York Law Journal (Queens), April 6, 2010
- Anonymous Gun Tip Not Enough To Warrant Man's Seizure, Judge Says, New York Law Journal (Brooklyn), March 30, 2010
- Judge Denies DNA Request in Long Island Double Murder, Newsday (Nassau County), March 18, 2010
- Judge Narrows Claims In Suffolk County Vehicular Homicide Case, New York Law Journal (Suffolk County), March 11, 2010
- Judge Grants Habeas, Applies Parole Law Retroactively, New York Law Journal (Suffolk County), March 9, 2010
- 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 (Nassau County), 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 Appeals prepared by Robert S. Dean, Attorney-in-Charge, Center for Appellate Litigation (CAL).
- New York Court of Appeals Update (July 15, 2010) (171K PDF)
- New York Court of Appeals Update (May 15, 2010) (162K PDF)
- New York Court of Appeals Update (March 15, 2010) (149K PDF)
- 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_______________________________________
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