Barry Kamins

June 05, 2023 | New York Law Journal

For the third time since 2019, New York's bail laws have been amended. At the outset, on Jan. 1, 2020, New York implemented a new bail statute that was transformative, creating a new landscape for release decisions following an arrest.

By Barry Kamins

6 minute read

April 04, 2023 | New York Law Journal

This article will examine how courts are considering race as a factor in a Fourth Amendment analysis, and how defendants are beginning to raise this issue in suppression motions.

By Barry Kamins

9 minute read

February 06, 2023 | New York Law Journal

As a result of a class action lawsuit brought by the Legal Aid Society, the New York City Police Department has agreed to a major reform of its street encounter procedures.

By Barry Kamins

7 minute read

January 06, 2023 | New York Law Journal

LaSalle has frequently voted with his colleagues to reverse convictions based upon prosecutorial misconduct, Brady and discovery violations, insufficient evidence, search and seizure violations, ineffective assistance of counsel and improper participation by a trial court.

By Barry Kamins

7 minute read

December 05, 2022 | New York Law Journal

This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic stop even where a police officer has probable cause to believe a traffic infraction was committed. In doing so, the court has held that the state Constitution provides broader protection than the federal Constitution with respect to pretextual traffic stops.

By Barry Kamins

9 minute read

October 03, 2022 | New York Law Journal

In this edition of his Criminal Law and Procedure column, Barry Kamins reviews new legislation amending the Penal Law, Criminal Procedure Law and related statutes.

By Barry Kamins

14 minute read

August 01, 2022 | New York Law Journal

A unanimous Court of Appeals has underscored the principle that, under certain circumstances, a court's discretion can be limited by a defendant's constitutional right to present a defense.

By Barry Kamins

8 minute read

June 06, 2022 | New York Law Journal

A third iteration of changes to the bail and discovery statutes are not transformative but do present a mixed bag for prosecutors and defense counsel.

By Barry Kamins

12 minute read

April 04, 2022 | New York Law Journal

Three bills have been introduced which would be transformative and, if enacted, would constitute the most comprehensive overhaul of sentencing laws in the last 50 years. In the midst of a bail reform backlash, it remains to be seen whether the Legislature will enact some or all of the above bills this session.

By Barry Kamins

9 minute read

January 31, 2022 | New York Law Journal

Last year, appellate courts granted sentence reductions and modifications in increasing numbers and under a variety of circumstances, and in many instances they substantially reduced the length of a defendant's incarceration. In his Criminal Law and Procedure column, Barry Kamins discusses several cases where appellate review of sentences resulted in sentence reductions.

By Barry Kamins

9 minute read