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Barry Kamins

Barry Kamins

January 18, 2008 | New York Law Journal

Criminal Law and Procedure

Barry 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 Recognized

In 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 Rule

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 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 Procedure

Barry 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 Legislation

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 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 Knife

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 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 Ticking

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: 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