| July 05, 2010 |
| Authority Of The Trial Court To Reinstate An Indictment And Superseding Indictments |
| Posted By Stephen N. Preziosi |
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| 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 a superseding ... |
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| Continue reading "Authority Of The Trial Court To Reinstate An Indictment And Superseding Indictments" » |
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| July 03, 2010 |
| Post Release Supervision After A Determinate Sentence Is Completed And Defendant Released |
| Posted By Stephen N. Preziosi |
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| 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 ... |
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| Continue reading "Post Release Supervision After A Determinate Sentence Is Completed And Defendant Released " » |
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| July 02, 2010 |
| Admissibility of Pre-Trial Photo Identifications When Defendant Refuses To Cooperate With Lineup Identification |
| Posted By Stephen N. Preziosi |
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| 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 instead. ... |
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| Continue reading "Admissibility of Pre-Trial Photo Identifications When Defendant Refuses To Cooperate With Lineup Identification " » |
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| July 01, 2010 |
| Arguing Right To Counsel On Appeal When Not Preserved At Trial |
| Posted By Stephen N. Preziosi |
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| 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 a defendant’s statement to law enforcement ... |
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| Continue reading "Arguing Right To Counsel On Appeal When Not Preserved At Trial" » |
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| June 24, 2010 |
| Accomplice Testimony and The Corroboration Rule Under CPL 60.22: The Trial Court May Consider "Harmonizing" Type Evidence. |
| Posted By Stephen N. Preziosi |
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| Accomplice Testimony and The Corroboration Rule Under CPL 60.22: The Trial Court May Consider "Harmonizing" Evidence. New York Court of Appeals 2010 NY Slip Op 05283 People v. Reome Decided June 17, 2010 Issue : Whether there was sufficient ... |
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| Continue reading "Accomplice Testimony and The Corroboration Rule Under CPL 60.22: The Trial Court May Consider "Harmonizing" Type Evidence. " » |
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| April 11, 2010 |
| -Notes From The Jury During Deliberations |
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| People v. Kadarko , New York Court of Appeals, Decided April 6, 2010 2010 NY Slip Op 02834 Notes from the jury during deliberations: does the trial court have to tell all that is in the jury’s note? Issue : Whether the trial court erred when it did ... |
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| Continue reading "-Notes From The Jury During Deliberations" » |
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| March 31, 2010 |
| -CPL §440 Motions, Vacating A Criminal Conviction And Immigration Consequences |
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| PADILLA V. KENTUCKY : United States Supreme Court, Decided March 31, 2010 ___ S.Ct.____, 2010 WL1222274 Issue : Whether the failure of an attorney to inform his client of deportation consequences resulting from a plea to a criminal charge will ... |
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| Continue reading "-CPL §440 Motions, Vacating A Criminal Conviction And Immigration Consequences " » |
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| March 31, 2010 |
| -New Exception To The Exclusionary Rule And Fourth Amendment Suppression Issues |
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| PEOPLE V TOLENTINO : New York Court of Appeals, 2010 NY Slip Op 02643, Decided March 30, 2010 Issue : Whether evidence already possessed by a governmental agency is subject to suppression and the exclusionary rule as a result of an illegal search ... |
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| Continue reading "-New Exception To The Exclusionary Rule And Fourth Amendment Suppression Issues" » |
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| March 29, 2010 |
| -Adequacy of Miranda Warnings And US Supreme Court Jurisdiction |
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| FLORIDA V. POWELL : United States Supreme Court decided February 23, 2010 559 U.S.____, 130 S.Ct. 1195 (2010) Issue : Whether the U.S. Supreme Court has jurisdiction to review a decision by a State’s highest Court when that Court is interpreting the ... |
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| Continue reading "-Adequacy of Miranda Warnings And US Supreme Court Jurisdiction" » |
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| March 28, 2010 |
| -Potential Conflicts and Trial Court's Discretion to Disqualify Defense Counsel |
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| PEOPLE V. CARNCROSS : New York Court of Appeals decided March 25, 2010 2010 NY Slip Op 02435, 2010 WL 1063952 Issue : Whether a trial court can disqualify defense counsel over the defendant’s objection when there is a potential for conflict in that ... |
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| Continue reading "-Potential Conflicts and Trial Court's Discretion to Disqualify Defense Counsel " » |
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| March 27, 2010 |
| - Right to Counsel and Custody With Regard to Miranda |
| Posted By Stephen Preziosi |
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| MARYLAND V. SHATZER 559 U.S. ____, 130 S.Ct. 1213 (2010) : United States Supreme Court Decided February 24, 2010 Issues: (1) Whether inculpatory statements made by a defendant at a second police interrogation, occurring 2 ½ years after the first ... |
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| Continue reading "- Right to Counsel and Custody With Regard to Miranda" » |
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| January 16, 2010 |
| - Crawford, The Sixth Amendment Right to Confrontation and Testimonial Evidence: DNA Reports |
| Posted By Stephen N. Preziosi |
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| Issue: whether defendants sixth amendment right to confrontation was violated by the introduction of a DNA report processed by a subcontractor laboratory to the office of the chief medical examiner through the testimony of a forensic biologist. The ... |
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| Continue reading "- Crawford, The Sixth Amendment Right to Confrontation and Testimonial Evidence: DNA Reports" » |
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| January 16, 2010 |
| - Fourth Amendment Search and Seizure: The Emergency Aid Exception to the Warrant Rule |
| Posted By Stephen N. Preziosi |
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| Facts of the case: police officers responded to a complaint of the disturbance. The officers found a household in chaos, a pickup truck in driveway with its front smashed, to house had three broken windows and there was blood on the hood of the ... |
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| Continue reading "- Fourth Amendment Search and Seizure: The Emergency Aid Exception to the Warrant Rule" » |
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| January 16, 2010 |
| - Gang Assault and Mens Rea of Accomplices |
| Posted By Stephen N. Preziosi |
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| New York’s gang assault statute applies when a person who intends to cause physical injury causes that person or a third person serious physical injury and is aided by two or more other persons actually present. The issue is whether two or more ... |
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| Continue reading "- Gang Assault and Mens Rea of Accomplices" » |
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| January 16, 2010 |
| - Eyewitness Identification and Expert Testimony |
| Posted By Stephen N. Preziosi |
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| In the case of People v. Abney the Court of Appeals decided two separate cases: People v. Quentin Abney and People v. Gregory Allen. In each of those case the issue was whether or not to admit expert testimony regarding the reliability of ... |
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| Continue reading "- Eyewitness Identification and Expert Testimony" » |
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