Barry Kamins

December 07, 2009 | New York Law Journal

Barry Kamins, the administrative judge for Brooklyn Criminal Court, writes: "It is clear that with the arrival of Chief Judge Lippman, the Court [of Appeals] has focused its attention on the criminal leave process. During this time there has been a dramatic increase in the number of criminal leave grants. However, while the increase in leave grants has been encouraging news for appellate practitioners, bar groups will undoubtedly continue to press for a change in the process itself."

By Barry Kamins

11 minute read

June 06, 2011 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins, an Acting Supreme Court Justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, writes that while the law prefers that an individual avoid a greater evil by choosing to commit a lesser one, the Court of Appeals has now reminded us that for the defense to apply, the defendant must be facing two separate and distinct "evils."

By Barry Kamins

12 minute read

October 11, 2007 | New York Law Journal

Barry Kamins, a member of Flamhaft Levy Kamins Hirsch & Rendeiro, reviews three substantive changes in the area of criminal law and procedure that resulted from the 2007 legislative session: the post-prison civil confinement and supervision law for convicted sex offenders, the new homicide charge aimed specifically at drunken drivers, and the new felonies that, for the first time in New York, address labor and sex trafficking.

By Barry Kamins

14 minute read

October 03, 2011 | New York Law Journal

In his Criminal Law And Procedure column, Barry Kamins, an Acting Supreme Court Justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, discusses new criminal justice legislation signed into law by Governor Andrew Cuomo that contains amendments to the Penal Law, Criminal Procedure Law, Vehicle and Traffic Law and other related statutes.

By Barry Kamins

18 minute read

February 01, 2010 | New York Law Journal

Barry Kamins, an Acting Supreme Court Justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Court, writes: Last May, in a groundbreaking decision, the New York Court of Appeals held that a search warrant, supported by probable cause, must be issued before a GPS tracking device may be affixed to a motor vehicle to track the vehicle's movements on public streets and highways. The decision, however, was silent on the nature or form of the warrant or the statute that would authorize the warrant to be signed. Thus, the question arises whether existing legislation permits a search warrant for a GPS device or whether a court has the inherent power to authorize it.

By Barry Kamins

12 minute read

September 18, 2008 | New York Law Journal

Barry Kamins, a New York City Criminal Court judge, discusses three new law that will significantly affect New York practice, including Jenna's Law, named for a 22-year-old nursing student who was murdered by an individual who had been released from prison after serving two-thirds of his indeterminate sentence for a violent felony.

By Barry Kamins

12 minute read

December 09, 2008 | New York Law Journal

Barry Kamins, a New York City criminal court judge, discusses the remaining legislation signed into law by the governor. It is recommended that the reader review the legislation for specific details as the following discussion will highlight key provision of the new laws.

By Barry Kamins

15 minute read

September 17, 2009 | New York Law Journal

Barry Kamins, the administrative judge for criminal matters in Brooklyn, writes: Last April, the U.S. Supreme Court uncharacteristically acknowledged that it had made an error 28 years ago when it carved out a bright-line rule for automobile searches incident to the arrest of a vehicle's occupant. In Arizona v. Gant, the Court reworked and narrowed the scope of the rule it originally adopted in New York v. Belton, and ironically affirmed the standard that New York had initially articulated.

By Barry Kamins

13 minute read

April 05, 2010 | New York Law Journal

Barry Kamins, an Acting Supreme Court Justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, reviews the arguments for and against the admission of evidence that, prior to trial, a witness identified the defendant from a photograph, and whether the rationale for the exclusion of such evidence has become obsolete.

By Barry Kamins

14 minute read

December 13, 2007 | New York Law Journal

Barry Kamins, a member of Flamhaft Levy Kamins Hirsch & Rendeiro, reviews the Martin Act and the implications it has for criminal practitioners and for those who may be caught in its wide net. He also discusses the increasingly expansive use of the statute by the current attorney general.

By Barry Kamins

13 minute read