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Current Developments-Court of Appeals__________________
- 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
- 11-Person Jury's Verdict Upheld, New York Law Journal (NY), December 19, 2007
- Conviction for Standing in Times Sq. Is Overturned, New York Times (NY), November 21, 2007
- Use of Evidence Affirmed Despite Privilege Violation, New York Law Journal (NY), November 21, 2007
- Error Cancels Plea, Split Court Decides, New York Law Journal (NY), November 16, 2007
- Citing Flawed Law, Spilt Panel Vacates Final Death Sentence, New York Law Journal (NY), October 24, 2007
- Court Mulls Repercussions of Altering Death Ruling, New York Law Journal (NY), September 11, 2007
- Sex Offender Told He Must Register, Albany TimesUnion (NY), July 3, 2007
- Murder Conviction Affirmed: But Use of Victim's Statement Provokes 'Crawford' Debate,New York Law Journal (NY), June 29, 2007
- DWI Law Does Not Apply to Chemical Inhalants, New York Law Journal (NY), June 28, 2007
- Forcible Touching Charge Dismissed Over Prosecutors' Wide Time Frame, New York Law Journal (NY), June 6, 2007
- Split Panel Upsets Consecutive Life Sentences in Double Murder, New York Law Journal (NY), May 9, 2007
- Panel Defines 'Depicts,' Reinstates Ex-Lawyer's Conviction for Sending Indecent Text Messages, New York Law Journal (NY), April 27, 2007
- Exclusion of Expert Evidence on Identification Termed Error ,New York Law Journal (NY), March 28, 2007
- Court Reviews Indecent Text Conviction, New York Law Journal (NY), March 20, 2007
- Proving Offset Amount Falls to Prosecution, Panel Finds , New York Law Journal (NY), February 20, 2007
- Court Makes Call for Inmates' Kin, Albany Times Union (NY), February 13, 2007
- Spitzer Court Nominee Approved, Albany Times Union (NY), February 13, 2007
- By Tapping Jones, Spitzer Reveals Hands-On Style of Picking Judges, New York Law Journal (NY), January 14, 2007
- Appointments to Top Court Bring More Conservative Approach , New York Law Journal (NY), January 2, 2007
- Panel Upholds Rochester's Ban on Solicitation of Motorists , New York Law Journal (NY), December 20, 2006
- 'Policano': Court of Appeals Hunts for Point of No Return , New York Law Journal (NY), November 30, 2006
- Appellate Courts Encouraged to Rely on 1987 'Weight' Case , New York Law Journal (NY), November 22, 2006
- Court Faults Pataki Plan for Committing Inmates, New York Law Journal (NY), November 22, 2006
- Panel Clarifies Tolling Clause in Penal Law, New York Law Journal (NY), November 21, 2006
- Judges Spurn Retroactive Relief in Depraved Mind Murder Cases , New York Law Journal (NY), November 17, 2006
- No Need Found to Restrict City Court Jury Pool, New York Law Journal (NY), November 17, 2006
- Panel Defines Boundary in AG's Jurisdiction in Criminal Cases , New York Law Journal (NY), October 25, 2006
- Traffic Agency Ruled Part of Nassau District Court, New York Law Journal (NY), October 25, 2006
- New Trial Is Sole Remedy for DA's Lapses, New York Law Journal (NY), October 20, 2006
- Drug Reform Is Ruled Limited, New York Law Journal (NY), September 22, 2006
- Ousted Alien Denied Appeal of Conviction, New York Law Journal (NY), September 20, 2006
- Eugene F. Pigott Jr., Presiding Justice of the Appellate Division, Fourth Department, has been selected by Governor Pataki to fill the next vacancy on the Court of Appeals. Pataki Nominates Pigott for High Court, New York Law Journal (NY), August 21, 2006
- Despite Disagreements, State's Highest Court Settles Lingering Issues, New York Law Journal (NY), August 4, 2006
- Conviction Upheld in Slaying of Doctor, New York Law Journal (4th Dept), July 11, 2006
- Court Determines Mental State Defines 'Depraved' Homicide , New York Law Journal (NY), July 6, 2006
- Decision Eases Damages Rule for Exonerated, New York Law Journal (NY), July 6, 2006
- Blackburne Is Removed for Misconduct, New York Law Journal (NY), June 14, 2006
- Court Martial Held Not Basis for Risk Level, New York Law Journal (NY), June 7, 2006
- Court Martial Held Not Basis for Risk Level, New York Law Journal (NY), June 7, 2006
- Judges Again Mull Meaning of 'Depraved', New York Law Journal (NY), June 1, 2006
- Prosecutor's Error Fails to Upset Drug Conviction, New York Law Journal (NY), May 12, 2006
- Court Assesses Expert Testimony, New York Law Journal (NY), May 10, 2006
- Impact of Right to Counsel Violation Divides Judges , New York Law Journal (NY), April 5, 2006
- Ruling Revives Felony Counts Rooted in Judge's Misconduct , New York Law Journal (NY), March 31, 2006
- Court Finds Violation in Affidavit Admission, New York Law Journal (NY), March 29, 2006
- Court Rules Sentence Appeal Can Be Waived, New York Law Journal (NY), February 17, 2006
- Meaning of 'Business Record' Is Clarified Under State Law , New York Law Journal (NY), February 15, 2006
- Process for Challenging Confinement Clarified, New York Law Journal (NY), February 10, 2006
- Ruling Restricts Scope of 'Depraved' Homicide: A Distinct Crime, Not 'Back-up' for Intentional Murder, New York Law Journal (NY), December 23, 2005
- Drugs, Dealer on West Coast; Verdict Stands, New York Law Journal (NY), November 23, 2005
- Ruling Clarifies Drug Free Zone Around School, New York Law Journal (NY), November 23, 2005
- Court Rules Suspect Entitled to Defense, But Not Jury Charge , New York Law Journal (NY), November 22, 2005
- One Error by Counsel Enough for Court to Overturn Verdict , New York Law Journal (NY), November 18, 2005
- Court Restricts Attorney's Fees Under FOIL, New York Law Journal (NY), October 26, 2005
- Court Says Police Cannot Conduct "Destructive" Searches, Newsday (NY), October 25, 2005
- Court of Appeals to Ponder Large and Small Distances: Drug Sales Near Manhattan School and in California on Docket , New York Law Journal (NY), October 17, 2005
- Court Faults Unsealing of Protesters' Records: Law Held to Prohibit Use for Sentencing Recommendations of Confidential Information About Prior Dismissed Charges, New York Law Journal (NY), July 7, 2005
- Pre-Miranda Interview Not Fatal to Conviction, New York Law Journal (NY), June 30, 2005
- State Court Reaffirms Its Representation Test: Ineffective Assistance Standard Found Higher Than Federal, New York Law Journal (NY), June 15, 2005
- Broad Powers for Environment Police, New York Law Journal (NY), May 11, 2005
- Justices Reject Bid to Upset Suffolk Robbery Conviction: But Rosenblatt Asks Prosecutors to Take a Second Look at Evidence , New York Law Journal (NY), May 6, 2005
- Panel Sees Narrow Protection Against Self-Incrimination, New York Law Journal (NY), May 4, 2005
- Panel Finds Defendant Had Duty to Retreat: Conviction for Killing of Neighbor Upheld,New York Law Journal (NY), April 1, 2005. Read the court's decision in People v. Aiken , No. 31 (NY March 31, 2005)
- Plea Upset Over Failure to Reveal Terms of Release, New York Law Journal (NY), March 25, 2005. Read the court's decision in People v. Catu, No. 39 (NY March 24, 2005)
- Court Allows Defendant to Tap Film Crew's Tapes, New York Law Journal (NY), Feb. 23, 2005. Read the court's decision in People v. Combest, No. 22 (NY Feb. 22, 2005)
- Pre-'Crawford' Precedent on Hearsay Ruled Invalid, New York Law Journal (NY), Feb. 18, 2005. Read the court's decision in People v. Hardy, No. 11 (NY Feb. 17, 2005)
- Phrase in First-Degree Murder Statute Defined, New York Law Journal (NY), December 3, 2004. Read the court's decision in People v. Duggins, No. 150 (NY December 2, 2004)
- High Court Offers Guidance on Use of Surprise Alibi, New York Law Journal (NY), December 1, 2004. Read the court's decision in People v. Rodriguez, No. 152 (NY November 30, 2004)
- Dissents Suggest Changing Dynamic, New York Law Journal (NY), November 24, 2004
- Majority Holds to Strict Rule on Evidence, New York Law Journal (NY), November 24, 2004. Read the court's decision in People v. Resek, No. 129 (NY November 23, 2004)
- Aiding Unauthorized Practice Leaves Professionals Liable, New York Law Journal (NY), October 22, 2004. Read the court's decision in People v. Santi, No. 122 (NY October 21, 2004)
- Decision Upsets Prosecutorial Strategy in Homicide Cases, New York Law Journal (NY), October 20, 2004. Read the court's decision in People v. Payne, No. 120 (NY October 19, 2004)
- Man Who Refused Legal Help Got Fair Representation, Newsday (NY), October 19, 2004. Read the court's decision in People v. Henriquez , No. 121 (NY October 19, 2004)
- Bauer Removed From Bench by Panel Split Over Sanction, New York Law Journal (NY), October 15, 2004. Read the court's decision In the Matter of Bauer, No. 125 (NY October 14, 2004)
- Panel Faults Jury Charge, Grants Retrial in Drug Case, New York Law Journal (1st Dept), August 2, 2004. Read the court's decision in People v. Williams, 2004 NYSlipOp 06250 (1st Dept July 29, 2004)
- Authenticity, Not Authority, Found Key to Forgery, New York Law Journal (NY), June 11, 2004. Read the court's decision in People v. Cunningham, No. 86 (NY June 10, 2004)
- Prosecutors' Grand Jury Powers Are Clarified, New York Law Journal (NY), June 9, 2004. Read the court's decision in People v. Aarons, No. 76 (NY June 8, 2004)
- Coercive Instructions to Jury Leads to Upset of Drug Conviction, New York Law Journal (NY), May 12 2004. Read the court's decision in People v. Aponte, No. 55 (NY May 11, 2004)
- Direct Appeals of Protection Orders Upheld but Discouraged, New York Law Journal (NY), May 7, 2004. Read the court's decision in People v. Nieves, No. 52 (NY May 6, 2004)
- Standard Is Set for Ineffective Appellate Counsel, New York Law Journal (NY), May 5, 2004. Read the court's decision in People v. Stultz, No. 60 (NY May 4, 2004)
- Reports Show Decade's Changes in Caseloads, Criminal Appeals Heard, New York Law Journal (NY), April 9, 2004
- Panel Takes Dim View of Lawyer's Testimony, New York Law Journal (NY), April 7, 2004. Read the court's decision in People v. Lewis. No. 41 (NY April 6, 2004)
- Panel Finds DA Used Wrong Murder Charge, New York Law Journal (NY), March 26, 2004. Read the court's decision in People v. Gonzalez, No. 45 (NY March 25, 2004)
- Use of Tattoos as Evidence in Trial Upheld, New York Law Journal (NY), February 18, 2004. Read the court's decision in People v. Slavin, No. 19 (NY February 17, 2004)
- DA-Judge Debate to Get Second Court Test, Press Republican (NY), January 13, 2004
- Strict Protocol Needed for Inventory Searches, New York Law Journal (NY), December 23, 2003. Read the court's decision in People v. Johnson, No. 155 (NY December 22, 2003)
- Plea Bargain Falls When Second Count Is Later Reversed, New York Law Journal (NY), December 3, 2003. Read the court's decision in People v. Pichardo, No. 145 (NY December 2, 2003)
- Legal Questions on Seizures: Lawyers Expected to Sue for Vehicles, Newsday (NY), November 26, 2003. Read the court's decision in County of Nassau v. Canavan , No. 137 (NY November 24, 2003)
- Pataki Nominates Smith for Top Tribunal, New York Law Journal (NY), November 5, 2003
- New Lesser Offense Rule for Jury Charges Adopted: Requesting Defendant Cannot Argue Statute of Limitations , New York Law Journal (NY), October 29, 2003. Read the court's decision in People v. Mills, No. 121 (NY October 28, 2003)
- Rules on Defendants at Sidebars Clarified by State High Court: 'Greater Attentiveness' Requested of Judges , New York Law Journal (NY), October 24, 2003. Read the court's decision in People v. Velasquez and People v. Foster, Nos. 117, 122 (NY October 23, 2003)
- Court Begins Session With Ineffective Assistance Claims, New York Law Journal (NY), October 14, 2003
- DNA Registry Can Be Applied Retroactively , New York Law Journal (NY), July 1, 2003. Read the court's decision in Kellog v. Travis, No. 93 (NY July 1, 2003)
- Right to Counsel Cannot Be Invoked by a Third Party , New York Law Journal (NY), June 26, 2003. Read the court's decision in People v. Grice, No. 88 (NY June 26, 2003)
- Court Sees Increase in Its Criminal Caseload , New York Law Journal (NY), May 23, 2003
- Conviction Reversed Over Juror's Poor English Skills , New York Law Journal (NY), March 27, 2003
- No Decision on Merits of Catalyst Fee Theory , New York Law Journal (NY), February 25, 2003
- Burglar Gets No Break Because Occupant Was Dead , New York Law Journal (NY), February 20, 2003
- Conviction Holds Even Though Defender Had Prosecuted Case, New York Law Journal (NY), February 18, 2003. Read the court's decision in People v. Abar , No. 8 (NY February 18, 2003)
- On the Fourth Amendment, 'Batson' and Grievance Arbitration, New York Law Journal (NY), January 8, 2003
- Life-Without-Parole Option Set for Review , New York Law Journal (NY), January 3, 2003
Current Developments-Appellate Division_________________
- 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
- Court Upholds Blood Sample As Evidence, New York Law Journal (2nd Dept), December 27, 2007
- Faulting Counsel, Panel Orders A New Trial, New York Law Journal (1st Dept), December 26, 2007
- Agencies Seek Clarity in Abuse Ruling, Albany Times Union(3rd Dept), December 8, 2007
- Evidence of Uncharged Crimes Leads to New Trial, New York Law Journal (3rd Dept), December 4, 2007
- Panel Upholds Use of Uncharged Crimes, New York Law Journal (1st Dept), November 26, 2007
- No Sentence Review for Man Who Waived Right to Appeal, New York Law Journal (3rd Dept), November 6, 2007
- Drug Conviction Upset Over Lack of Counsel, New York Law Journal (3rd Dept), October 22, 2007
- Appeals Court: Jung Decision Wrong, Leader-Herald (3rd Dept), October 19, 2007
- Panel Reverses Drug Possession Guilty Verdict, New York Law Journal (1st Dept), October 18, 2007
- Non-Specific Deportation Advice Upheld, New York Law Journal (2nd Dept), October 16, 2007
- Judge's Failure to Explore Plea Leads to Upset, New York Law Journal (1st Dept), September 27, 2007
- Released Man Is Ordered Back to State Prison, New York Law Journal (2nd Dept), September 25, 2007
- Judge's 'Excessive Interference' Leads Panel to Upset Verdict, New York Law Journal (1st Dept), September 17, 2007
- Panel Takes Broad View of 'Policano', New York Law Journal (3rd Dept), August 13, 2007
- Panel Rules Out Loss of Peremptories as Penalty for Defense 'Batson' Violation, New York Law Journal (1st Dept), August 3, 2007
- Court Finds Misplaced File Led to Violation of Speedy Trial Rules, New York Law Journal (3rd Dept), July 26, 2007
- Attorney Loses Bid to Publish Name of Client's Accuser, New York Law Journal (1st Dept), July 20, 2007
- Judicial Errors Upset Murder Conviction, New Trial Ordered, New York Law Journal (3rd Dept), July 16, 2007
- Panel Rules Unproven Rape Charge Results in Lesser Sex Offender Level, New York Law Journal (3rd Dept), July 9, 2007
- DA's Silence Found No Bar to Conviction, New York Law Journal (3rd Dept), June 12, 2007
- Panel Again Reverses Police Shooting Verdict, New York Law Journal (1st Dept), May 25, 2007
- Violation of Junior License Plays Role in Conviction, New York Law Journal (3rd Dept), May 7, 2007
- Counsel Substitution Delay Faulted, New York Law Journal (3rd Dept), April 9, 2007
- Panel Approves New Trial on Lesser-Included Charge, New York Law Journal (1st Dept), March 29, 2007
- Panel Upholds Legislative Designation of Home Burglary as 'Violent' Felony, New York Law Journal (3rd Dept), March 16, 2007
- Panel Faults Convictions in Two Cases, New York Law Journal (1st Dept), February 28, 2007
- Panel Denies Defendant Second 'Bite', New York Law Journal (1st Dept), February 15, 2007
- Visual Body Cavity Search Was Justified, Court Rules , New York Law Journal (1st Dept), February 7, 2007
- 'Batson' Error Dooms Robbery Conviction, New York Law Journal (1st Dept), February 2, 2007
- Split Panel Finds New Sentence Cured Violation Under 'Catu' , New York Law Journal (1st Dept), January 31, 2007
- Judge Faulted for Offering Defendant 'Game Show' Choice , New York Law Journal (2nd Dept), January 5, 2007
- Inmate's Claims Raise Questions About Plea, New York Law Journal (3rd Dept), December 29, 2006
- Court Date Late, Panel Kills Probation Violation, New York Law Journal (2nd Dept), December 18, 2006
- Appeals Court Rules on Two Separate Ineffective Assistance Motions , New York Law Journal (2nd Dept), November 9, 2006
- Panel Reverses Depraved-Mind Assault Finding, New York Law Journal (3rd Dept), November 6, 2006
- Murder Verdict Upset Over Jury Charge Error, New York Law Journal (3rd Dept), October 30, 2006
- Appeals Court Throws Out Conviction of Government Critic , Post Star (3rd Dept), October 26, 2006
- Panel Defines Limited Advocacy Role for Mental Hygiene Legal Services, New York Law Journal (3rd Dept), October 24, 2006
- Court Faults DA's Vouching for Witnesses, New York Law Journal (1st Dept), October 19, 2006
- Rulings Offer Murder Charge Guidance 101, New York Law Journal (2nd Dept), October 16, 2006
- Panel Finds Drunken-Driving Laws Apply Only to Alcohol Intoxication, New York Law Journal (2nd Dept), October 11, 2006
- Worker Denied Public Defender Given Chance to Vacate Plea , New York Law Journal (1st Dept), October 11, 2006
- Parents Fail in Bid to Upset Abuse Charge, New York Law Journal (3rd Dept), October 10, 2006
- Escape Conviction Upheld for Man Who Fled 50 Feet, New York Law Journal (1st Dept), September 6, 2006
- Murder Conviction Upset Over Use of Prior Bad Acts, New York Law Journal (3rd Dept), September 1, 2006
- Conviction Reversed Over Illegal Search, New York Law Journal (2nd Dept), August 31, 2006
- Rape Conviction Upset Over Letter of Apology, New York Law Journal (3rd Dept), August 29, 2006
- Panel Upsets Conviction Over Right to Counsel, New York Law Journal (3rd Dept), August 25, 2006
- Statements to Undercover Held Not Covered by 'Crawford' , New York Law Journal (3rd Dept), August 4, 2006
- Panel Upholds Fine for Juror's Rude Outburst, New York Law Journal (1st Dept), July 21, 2006
- Prosecutorial Misconduct Brings Two Reversals, New York Law Journal (2nd Dept), July 21, 2006
- Conviction Upheld in Slaying of Doctor, New York Law Journal (4th Dept), July 11, 2006
- Judge Errs in Treatment of Alibi Issue, New York Law Journal (2nd Dept), June 27, 2006
- Judges Find Prosecutor's Conduct 'Inexcusable', New York Law Journal (1st Dept), June 15, 2006
- Panel Gives Attorney Year's Suspension, New York Law Journal (1st Dept), June 15, 2006
- Panel Upholds Confession Obtained by Lie, New York Law Journal (3rd Dept), June 12, 2006
- Standard Updated for Jury Instructions, New York Law Journal (2nd Dept), June 9, 2006
- Panel Rebukes Trial Judge for Pattern of Interference , New York Law Journal (1st Dept), June 2, 2006
- Confession of Sedated Abuser Ruled Properly Admitted , New York Law Journal (3rd Dept), May 26, 2006
- Panel Upholds Conviction on Depraved Indifference, New York Law Journal (3rd Dept), May 19, 2006
- Panel Finds Animal Cruelty Extends to Fish, New York Law Journal (1st Dept), March 30, 2006
- Panel Reverses Trial Court's Suppression Ruling, New York Law Journal (1st Dept), March 30, 2006
- Panel Says Judge Should Have Explained Duress, New York Law Journal (3rd Dept), March 3, 2006
- Panel Reverses 'Depraved' Murder Conviction, New York Law Journal (3rd Dept), February 23, 2006
- Verdict Reversed Over Restriction of Threat Evidence , New York Law Journal (1st Dept), February 8, 2006
- Panel Turns Down Writ to Block Sentencing Ruling It Calls Wrong , New York Law Journal (1st Dept), February 3, 2006
- Court's Failure to Question Complaint Leads Panel to Order New Sentencing, New York Law Journal (2nd Dept), January 18, 2006
- Panel Views Total Delay in Speedy Trial Dispute, New York Law Journal (1st Dept), January 17, 2006
- Panel Permits Second Rape Trial Despite Prosecutor's Misconduct , New York Law Journal (3rd Dept), January 9, 2006
- Doubts About Juror's Fairness Doom Verdict, New York Law Journal (3rd Dept), December 30, 2005
- Bar of Drug Use Expert at Trial Leads to Upset of Burglary Conviction, New York Law Journal (1st Dept), December 29, 2005
- Defendant's Bid to Have Judge Recused Is Rejected , New York Law Journal (3rd Dept), December 28, 2005
- Warrantless Search Found to Fall Within Exception , New York Law Journal (4th Dept), December 28, 2005
- Decision Reinstates Manslaughter Charge: Evidence Held Sufficient to Try Woman Who Left Injured Mother for Five Hours , New York Law Journal (2nd Dept), December 19, 2005
- Panel Finds Admissions to Be Voluntary Even Though Defendant's IQ Is Only 55, New York Law Journal (3rd Dept), December 13, 2005
- Plea Is Vacated Over Waived Indictment Flaw, New York Law Journal (3rd Dept), November 30, 2005
- Split Panel Overturns Murder Verdict Against High-Speed Driver , New York Law Journal (2nd Dept), November 14, 2005
- Conviction Upset for Judge's Failure to Instruct Jury , New York Law Journal (3rd Dept), October 31, 2005
- Admission of Dying Declaration Found Not to Violate 'Crawford' , New York Law Journal (1st Dept), October 28, 2005
- Panel Sees No Ineffective Assistance in Failure to Review Robbery Defendant's Arrest Record, New York Law Journal (1st Dept), October 20, 2005
- Conviction Is Overturned on Judge's 'Interventions': Panel Cites 16 Instances of Questioning Favoring Prosecutors , New York Law Journal (1st Dept), October 19, 2005
- Ex-Prosecutor Suspended for Misleading Trial Court , New York Law Journal (2nd Dept), October 3, 2005
- Assault Verdict Upheld Against Vegan Parents, New York Law Journal (2nd Dept), September 26, 2005
- Court Reverses Though Error Not Preserved, New York Law Journal (2nd Dept), September 20, 2005
- Panel Upsets Conviction of Officer Whose Gun Fired During Arrest , New York Law Journal (1st Dept), August 19, 2005
- Killer's Confession Held Not to Trigger Right to Counsel , New York Law Journal (3rd Dept), August 1, 2005
- Panel Permits Hearsay Response to 'Preliminary' Police Inquiry , New York Law Journal (1st Dept), July 29, 2005
- Depraved Indifference Verdict Stands in Point-Blank Killing , New York Law Journal (2nd Dept), July 25, 2005
- Badly Timed Probation Petition Forces Murder Verdict Reversal , New York Law Journal (3rd Dept), July 19, 2005
- Excited Utterance Outside 'Crawford,' Panel Decides, New York Law Journal (1st Dept), June 29, 2005
- Police Ruse Found No Grounds to Upset Rape Conviction, New York Law Journal (3rd Dept), June 24, 2005
- Two Cases Split on Uncharged Crimes Admission, New York Law Journal (3rd Dept), June 13, 2005
- Lack of Inquiry Results in Upset of Conviction, New York Law Journal (1st Dept), June 3, 2005
- Counsel Mishandled Plea Negotiations, Court Rules: Hearing Ordered to Determine Impact on Defendant's Choice , New York Law Journal (1st Dept), May 20, 2005
- Trial Judge's Error Leads to Burglary Conviction Upset, New York Law Journal (3rd Dept), May 20, 2005
- Reversal Rejected as 'Brady' Violation Found Not to Have Caused Prejudice , New York Law Journal (3rd Dept), April 25, 2005
- Conviction Upheld Despite Hostility During Trial, New York Law Journal (1st Dept), April 15, 2005
- Incorrect Jury Charge Leads Panel to Upset Kidnap Conviction, New York Law Journal (3rd Dept), April 8, 2005. Read the court's decision in People v. Gudz, 2005 NY Slip Op 02691 (3rd Dept April 7, 2005)
- Panel Defines 911 Tapes as Admissible Evidence: No 'Crawford' Support Found for Exclusion as Testimonial , New York Law Journal (1st Dept), March 24, 2005
- Panel Orders New Trial Based on 'Crawford': Justices Say Top Court's Standard Applies Retroactively to Pending Litigation , New York Law Journal (3rd Dept), March 7, 2005
- 'Interests of Justice' Dismissal Rejected, New York Law Journal (3rd Dept), March 1, 2005
- Lawyers' Convictions for Falsifying Business Documents Overturned, New York Law Journal (1st Dept), February 25, 2005
- In Odd Split, Panel Lowers Child-Molester's Sentence, New York Law Journal (3rd Dept), January 25, 2005. Read the court's decision in People v. Nickel, 2005 NY Slip Op 00282 (3rd Dept January 20, 2005)
- Defense Gets Final Say on Jury Picks, New York Law Journal (3rd Dept), January 5, 2005. Read the court's decision in People v. Powell, 2004 NY Slip Op 09723 (3rd Dept December 30, 2004)
- Panel Overturns Rape Conviction Over Hearsay, New York Law Journal (3rd Dept), December 27, 2004. Read the court's decision in People v. Allen, 2004 NY Slip Op 09543 (3rd Dept December 23, 2004)
- Panel Splits on Specificity of Jury Charge in Burglary Case, New York Law Journal (1st Dept), December 22, 2004. Read the court's decision in People v. Lewis, 2004 NY Slip Op 09418 (1st Dept December 21, 2004)
- New York Law Reached Dealer, Drugs in California, Panel Says, New York Law Journal (1st Dept), December 10, 2004. Read the court's decision in People v. Carvajal, 2004 NY Slip Op 09177 (1st Dept December 9, 2004)
- Grand Jury Glitch Requires Overturning of Trial Verdict, New York Law Journal (2nd Dept), December 3, 2004. Read the court's decision in People v. Samuels, 2004 NYSlipOp 08894 (2nd Dept November 29, 2004)
- Local Rape Charge Tossed, Daily Star Online (3rd Dept), November 26, 2004. Read the court's decision in People v. Walters, 2004 NYSlipOp 08740 (3rd Dept November 24, 2004)
- Panel Overturns Dismissal of Charge in Officer Shooting, New York Law Journal (2nd Dept), November 17, 2004. Read the court's decision in People v. Hodges, 2004 NYSlipOp 08237 (2nd Dept November 15, 2004)
- Court Restores Drug Counts , Albany Times Union (3rd Dept), October 22, 2004. Read the court's decision in People v. Van Hoesen , 2004 NYSlipOp 07535 (3rd Dept October 21, 2004)
- Faulty Closing Leads to Upset of Conviction, New York Law Journal (1st Dept), October 22, 2004. Read the court's decision in People v. Collins, 2004 NYSlipOp 07611 (1st Dept October 21, 2004)
- Review of Jury Charge Leads Divided Panel to Order New Trial, New York Law Journal (2nd Dept), October 21, 2004. Read the court's decision in People v. Feuer, 2004 NYSlipOp 07507 (2nd Dept October 18, 2004)
- Faulty Jury Charge Leads to Reversal: Appeals Panel Says Confusion Is Likely Over Weighing Evidence for Facts and Guilt , New York Law Journal (1st Dept), October 8, 2004
- Inmate Wins Freedom as Trial, Appeal Counsel Are Found Ineffective, New York Law Journal (2nd Dept), September 1, 2004. Read the court's decision in People v. Turner, 2004 NYSlipOp 06438 (2nd Dept August 23, 2004)
- Lack of Justification for Attorney Dismissal Leads to a New Trial, New York Law Journal (1st Dept), September 1, 2004. Read the court's decision in People v. Espinal, 2004 NYSlipOp 06447 (1st Dept August 26, 2004)
- New Trial Denied Over Demonstration to Jury, New York Law Journal (1st Dept), August 20, 2004. Read the court's decision in People v. Kelly, 2004 NYSlipOp 06383 (1st Dept August 19, 2004)
- Conviction Is Overturned Based on Plea Allocution, New York Law Journal (1st Dept), July 13, 2004. Read the court's decision in People v. Woods, 2004 NYSlipOp 05852 (1st Dept July 8, 2004)
- Sentence in Child's Death Set for Appeal, Rochester Democrat and Chronicle (4th Dept), July 9, 2004. Read the court's decision in People v. Bailey , 2004 NYSlipOp 04961 (4th Dept June 14, 2004)
- Court Slams Conduct of DA, Troy Record (3rd Dept), June 25, 2004. Read the court's decision in People v. Levandowski, 2004 NYSlipOp 05494 (3rd Dept June 24, 2004)
- Trial judge erred in failing to instruct jury on fundamental principles according to the Appellate Division Second Department. Panel Finds 'Fundamental' Errors, Orders New Trial, New York Law Journal (2nd Dept), May 28, 2004. Read the court's decision in People v. Cotterell , 2004 NYSlipOp 04204 (2nd Dept May 24, 2004)
- Co-Defendant Who Did Not Cooperate Sees Sentence Reduced for Kidnapping , New York Law Journal (4th Dept), May 6, 2004. Read the court's decision in People v. Clark, 2004 NYSlipOp 03249 (4th Dept April 30, 2004)
- Retrial Ordered in Death Linked to Hip-Hop Feud, New York Law Journal, April 22, 2004. Read the court's decision in People v. Bussey, 2004 NYSlipOp 02956 (2nd Dept April 19, 2004)
- Closure of Hearing Found to Deprive Defendant of the Right to Public Trial , New York Law Journal (3rd Dept), April 6, 2004. Read the court's decision in People v. Ward , 2004 NYSlipOp 02432 (3rd Dept April 1, 2004)
- Appeal Denied in Plot Connected to Dog Attack, New York Law Journal (1st Dept), March 19, 2004. Read the court's decision in People v. Schachter, 2004 NYSlipOp 01824 (1st Dept March 18, 2004)
- Dorm Room Search Is Deemed Justified, New York Law Journal (3rd Dept), March 10, 2004. Read the court's decision in People v. Marshall, 2004 NYSlipOp 01429 (3rd Dept March 4, 2004)
- Ruling on Tribal Court Acquittal Upheld, Syracuse Post-Standard (3rd Dept), March 5, 2004. Read the court's decision in Hill v. Eppolito, 2004 NYSlipOp 01453 (3rd Dept March 4, 2004)
Current Developments-Trial Courts______________________
- 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
- Judge Finds Improper Search 'Obliterated' Probationer's Rights, New York Law Journal (WestchesterCounty), December 31, 2007
- State Police May Use E-Tickets, Judge Says, New York Law Journal (NassauCounty), December 26, 2007
- Yelling, Screaming Distinguish Disorderly Conduct Charges, New York Law Journal (NYC), December 20, 2007
- Court Limits Oversight Role for DA in Drug Eviction Cases, New York Law Journal (NYC), December 4, 2007
- Judge Faults Prosecutor's Playing of Interview Tape, New York Law Journal (NassauCounty), November 8, 2007
- 'Right to Bear Arms' Defense Fails in Gun Possession Case, New York Law Journal (Brooklyn), November 5, 2007
- Trial Clock Ticks as DA Awaits Ruling, New York Law Journal (SuffolkCounty), November 1, 2007
- Indictment Dismissed Due to Testimony on Sexual Orientation, New York Law Journal (NassauCounty), October 9, 2007
- Evidence Stands Despite Absence of Prosecutor, New York Law Journal (RocklandCounty), September 27, 2007
- Judge Bars Key Break-In Proof in Police Case, New York Law Journal (NYC), September 19, 2007
- Court Mulls Repercussions of Altering Death Ruling, New York Law Journal (NY), September 11, 2007
- Judge Upholds Cold-Case Murder Verdict Despite Juror's Claim She Was Bullied, New York Law Journal (Bronx), August 28, 2007
- Officer's Query Ruled No Trigger for 'Miranda', New York Law Journal (Brooklyn), August 14, 2007
- Judge Finds Grand Jury Secrecy Violated by DA's Disclosures, New York Law Journal (NYC), July 30, 2007
- Co-Owner's Lack of Superior Possession Dooms Grand Larceny Prosecution, New York Law Journal (NYC), July 12, 2007
- Images From Phone Camera Suppressed, New York Law Journal (NYC), July 11, 2007
- Citing Tardy Investigation, Judge Drops Murder Charge, New York Law Journal (NYC), June 12, 2007
- DWI Case Dismissed for Failure to Prove Intoxication Element, New York Law Journal (NassauCounty), June 12, 2007
- Poorly Framed Love Letters Not Meant to Harass, New York Law Journal (NYC), May 21, 2007
- Blood Test Is Suppressed as Violative of Privilege, New York Law Journal (NassauCounty), May 11, 2007
- Changing Course, Judge Rebuffs DA and Reseals Defendant's Files , New York Law Journal (NYC), February 8, 2007
- Stroke Victim's Conviction Is Upheld, New York Law Journal (NYC), January 31, 2007
- Judge Limits Marital Bar for Sex Assault, New York Law Journal (NYC), January 18, 2007
- Man Who Murdered His Wife Is Disqualified as Distributee of Estate , New York Law Journal (NassauCounty), November 21, 2006
- In Aside, Ruling Slams Critics of Justice Courts, New York Law Journal (RocklandCounty), October 23, 2006
- Court Allows 'Twin Count' Indictment in Assault Case , New York Law Journal (NassauCounty), October 10, 2006
- Court Rejects Bid to Expand Defense to Assault Charge , New York Law Journal (NYC), October 5, 2006
- Conditional License Found to Grant Driving Privilege , New York Law Journal (SullivanCounty), September 29, 2006
- Judge Dismisses Latest Palladium Murder Charge, New York Law Journal (NYC), September 27, 2006
- Grand Jury Shift Showed 'Bad Faith' by DA Office, New York Law Journal (NassauCounty), September 21, 2006
- Case Over Shot Fired in Air Goes Forward, New York Law Journal (NassauCounty), September 14, 2006
- Drugs, Statement Ruled Products of Illegal Search, New York Law Journal (NassauCounty), August 23, 2006
- Judge Finds No Basis for 'Inventory' Search, New York Law Journal (NassauCounty), August 9, 2006
- Obvious Window Tint Found to Justify Stop, New York Law Journal (NassauCounty), August 7, 2006
- OCA Denial of Court Pass Over Criminal Past Upheld, New York Law Journal (NYC), June 9, 2006
- Judge Calls Police 'Lucky Bag' Sting 'Unfair', New York Law Journal (NYC), May 31, 2006
- Counsel Errors Spark Reversal of Conviction, New York Law Journal (NYC), May 30, 2006
- Plea Survives Lack of Advice on Deportation, New York Law Journal (NYC), May 25, 2006
- Judge Says Standard for Reopening Assault Proof Not Met , New York Law Journal (UlsterCounty), April 3, 2006
- Court Finds Starvation of Horses Animal Cruelty, New York Law Journal (SchoharieCounty), March 28, 2006
- Spoliation Action Proceeds for Proof Subject to Order , New York Law Journal (NYC), February 27, 2006
- Judge Rules ADA Applies to Community Service, New York Law Journal (NYC), February 24, 2006
- Judge Finds Stop by Police Violated Driver's Rights , New York Law Journal (NYC), February 7, 2006
- Parking Ticket Fight All in the Details, Newsday (NassauCounty), January 9, 2006
- Knife's Presence Alone Enough for Menacing, New York Law Journal (NassauCounty), January 5, 2006
- Rejecting Confession, Judge Acquits Suspect, New York Law Journal (NassauCounty), December 22, 2005
- Judge Rejects Charge That 63 Zip Bags Were Drug Paraphernalia , New York Law Journal (NYC), November 29, 2005
- Defendant Says Judge Coached Prosecutor in Murder Trial , New York Law Journal (Queens), November 16, 2005
- Claim of Ineffective Assistance Wins Doctor New Trial on Abuse Charge, New York Law Journal (NYC), October 31, 2005
- Judge's Instruction Is Held to Violate Right to Counsel , New York Law Journal (Brooklyn), October 7, 2005
- Charges Man Menaced Judge Survive Motion, New York Law Journal (NYC), September 23, 2005
- Police Observation of Gang Colors Held to Help Justify Approach , New York Law Journal (Queens), September 15, 2005
- Charge Dismissed Against Driver Who Refused Police Demands , New York Law Journal (NYC), September 8, 2005
- Lack of 'Lawful Possession' Instruction Faulted, New York Law Journal (Queens), August 31, 2005
- Hearing to Weigh If Legal Advice Led to Harmful Plea , New York Law Journal (Queens), August 9, 2005
- Judge Rules Warrant Was Not Required to Install GPS on Bus , New York Law Journal (WestchesterCounty), August 4, 2005
- Jury Use of Dictionary to Define Legal Term Leads to Upset Verdict, New York Law Journal (NYC), August 3, 2005
- Jury Turnabout 'Unique,' Say Courtroom Observers, New York Law Journal (ColumbiaCounty), August 2, 2005
- Finding 'Catu' Exception, Judge Modifies Sentence, New York Law Journal (NYC), June 29, 2005
- Court Seeks to Establish Framework for Prosecuting MetroCard Abuses, New York Law Journal (Brooklyn), June 27, 2005
- Description of Video Barred Under 'Best Evidence' Rule, New York Law Journal (Bronx), June 8, 2005
- Consciousness of Guilt Charge Is Allowed Based on Suspect's Refusal to Join Line-Up , New York Law Journal (SullivanCounty), May 31, 2005
- Court Finds That Forcible Touching Does Not Include Unwanted Patting , New York Law Journal (NYC), May 18, 2005
- Sentencing Twist: Man Gets 25 Years to Life on Murder Charge That Was Dismissed by Pretrial Judge, New York Law Journal (NassauCounty), May 3, 2005
- Merged Court Raises Novel Legal Question, New York Law Journal (Bronx), Feb. 23, 2005
- Taking Different Stand, Justice Applies 'Crawford' Retroactively, New York Law Journal (NYC), November 19, 2004
- Convict's Time in Rehabilitation Is Not Credited to Prison Term, New York Law Journal (SullivanCounty), October 13, 2004
- DWI Conviction Overturned After Judge Finds No Proof of Supervised Blood Test ,New York Law Journal (SullivanCounty), July 1, 2004
- Judge Nullifies Exclusionary Rule for Parole Revocation, New York Law Journal (MonroeCounty), May 3, 2004
- Novel Use of Estoppel Rule Halts Civil Case With Criminal History, New York Law Journal (Brooklyn), April 21, 2004
- Jury Acquits Man Tried Twice on Murder Counts, New York Law Journal (AlbanyCounty), March 12, 2004
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 (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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