December 13, 2007 | New York Law Journal
Criminal Law and ProcedureBarry 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
January 18, 2008 | New York Law Journal
Criminal Law and ProcedureBarry Kamins, a member of Flamhaft Levy Kamins Hirsch & Rendeiro, writes that last month, the New York Court of Appeals revisited the issue of appellate weight of evidence review in criminal cases and clarified the scope of such analysis. In so doing, the Court may have blurred the dividing line between two layers of appellate review afforded by the Appellate Division: legal sufficiency and weight of the evidence.
By Barry Kamins
13 minute read
August 01, 2011 | New York Law Journal
Reputation Evidence: A New 'Community' Is RecognizedIn his Criminal Law and Procedure column, Barry Kamins, Acting Supreme Court Justice and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, discusses the use of reputation evidence in 'People v. Fernandez' and how the New York Court of Appeals held for the first time that the definition of "community" could be expanded to include the defendant's family and friends.
By Barry Kamins
11 minute read
April 08, 2011 | New York Law Journal
Supreme Court Revisits The Exclusionary RuleIn 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 three weeks ago, the Court revisited the excusionary rule and heard argument in two cases: One possibly set the stage for a further assault upon the exclusionary rule, while the other, unexpectedly, met an early demise.
By Barry Kamins
11 minute read
July 07, 2008 | New York Law Journal
Criminal Law and ProcedureBarry Kamins, a member of Flamhaft Levy Kamins Hirsch & Rendeiro, analyzes the recent U.S. Supreme Court ruling in Virginia v. Moore and considers the ramifications that it may have for New York practitioners.
By Barry Kamins
11 minute read
October 04, 2010 | New York Law Journal
New Criminal Justice LegislationIn 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 David Paterson that contains amendments to the Penal Law, Criminal Procedure Law, Vehicle and Traffic Law and other related statutes.
By Barry Kamins
20 minute read
December 06, 2010 | New York Law Journal
Weapon Du Jour: The Gravity KnifeIn 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 for the past 52 years it has been unlawful to possess a gravity knife in New York; however, it has only been within the last year that the criminal justice system has significantly turned its attention to this type of weapon, after a large-scale investigation revealed that major retailers have been illegally selling gravity knives in great quantities for a number of years.
By Barry Kamins
11 minute read
February 07, 2011 | New York Law Journal
Vanishing Voir Dire: The Clock Is TickingIn 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: Recently, the Court of Appeals criticized a judge for limiting counsel to 10 minutes of questions during the voir dire, and the Court returns to this issue in a few months. These cases have, once again, focused the spotlight on the voir dire process and the utilization of peremptory challenges in a criminal case.
By Barry Kamins
11 minute read
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