Authority Of The Trial Court To Reinstate An Indictment And Superseding Indictments

Monthly Archives: July 2010

Authority Of The Trial Court To Reinstate An Indictment And Superseding Indictments

By Stephen N. Preziosi July 5, 2010

People v. Frederick New York Court of Appeals Slip Op 04874 Decided June 10, 2010 Issue : whether a trial court can reinstate an indictment for felony murder after a mistrial had been declared and the indictment dismissed pursuant to … Continue reading →

Posted in Blog, Discretion of Trial Court, Indictment | Leave a comment

Post Release Supervision After A Determinate Sentence Is Completed And Defendant Released

By Stephen N. Preziosi July 3, 2010

People v. Darrel Williams et al. New York Court of Appeals Sip Op 01527 [14 N.Y.3d 198] Decided February 23, 2010 Issue : Whether there are statutory of constitutional impediments to imposing postrelease supervision at resentencing on defendants who have … Continue reading →

Posted in Blog, Post-Release Supervision, Re-Sentencing, Sentence | Leave a comment

Admissibility of Pre-Trial Photo Identifications When Defendant Refuses To Cooperate With Lineup Identification

By Stephen N. Preziosi July 2, 2010

People v. Perkins New York Court of Appeals Slip Op 05675 Decided June 29, 2010 Issue : whether a photographic identification will be admissible at trial when defendant would not cooperate with lineup procedures and a photo array was used … Continue reading →

Posted in Blog, Evidence, Identification Evidence, Suppression | Leave a comment

Arguing Right To Counsel On Appeal When Not Preserved At Trial

By Stephen N. Preziosi July 1, 2010

People v. McLean New York Court of Appeals Slip Op 04872 Decided June 10, 2010 Issue : Can the issue of Right to Counsel be argued on appeal if it was not raised in the trial court. Holding : where … Continue reading →

Posted in Appellate Law, Blog, Right to Counsel | Leave a comment