Barry Kamins

August 02, 2021 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins discusses how the practice of issuing temporary orders of protection without any judicial examination regarding the deprivation of rights has changed following the decision in 'Crawford v. Ally'.

By Barry Kamins

11 minute read

May 28, 2021 | New York Law Journal

In this edition of his Criminal Law and Procedure column, Barry Kamins discusses provisions of the newly-enacted marihuana legislation, particularly aspects that relate to the criminal justice system: changes in criminal penalties, automatic expungement and sealing of certain convictions; the vacatur of other convictions; the impact on searches of automobiles; and the effect on impaired driving cases.

By Barry Kamins

11 minute read

April 05, 2021 | New York Law Journal

The Court of Appeals recently added to its rich and diverse history of decisions that have afforded greater protection to New York citizens in the area of search and seizure than that provided under federal constitutional standards. In this edition of his Criminal Law and Procedure column, Barry Kamins discusses the two recent decisions, 'People v. Gordon' and 'People v. Hinshaw'.

By Barry Kamins

8 minute read

February 01, 2021 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins reviews recent jurisprudence from the New York Court of Appeals regarding vehicle stops: The court clarified the legal standard required for both a traffic stop as well as an investigative stop based on suspicion of criminal activity; it offered guidance on stops that are based upon a mistake of law by police officers; and it clarified the prosecution's burden to justify an automobile stop based on reasonable suspicion of criminal activity.

By Barry Kamins

10 minute read

November 30, 2020 | New York Law Journal

Courts have been divided on whether pursuit for a misdemeanor justifies a warrantless entry. That issue will now be decided by the U.S. Supreme Court. In this edition of his Criminal Law and Procedure column, Barry Kamins examines the jurisprudence leading up to the decision.

By Barry Kamins

7 minute read

October 05, 2020 | New York Law Journal

In People v. Nettles, an appellate court has, for the first time, reversed a credibility determination made at a Darden hearing, writes Criminal Law and Procedure columnist Barry Kamins.

By Barry Kamins

7 minute read

August 03, 2020 | New York Law Journal

In the wake of an historic wave of protests, sparked by the death of George Floyd, New York became one of the first states to enact an expansive package of police reform bills, in his Criminal Law and Procedure column Barry Kamins discusses these bills and how they will affect the police department.

By Barry Kamins

12 minute read

June 01, 2020 | New York Law Journal

In the midst of an historic pandemic, the Legislature enacted amendments to sweeping legislation it had enacted last year: limitations on monetary bail; expansion of discovery in criminal cases; and the enhancement of the right to a statutory speedy trial. In his Criminal Law and Procedure column, Barry Kamins reviews the most significant aspects of the changes.

By Barry Kamins

13 minute read

April 06, 2020 | New York Law Journal

Forty-four years ago, the Court of Appeals held, in People v. DeBour, that New York must assess the propriety of street encounters that do not rise to a level of a seizure for the purpose of the Fourth Amendment. In his Criminal Law and Procedure column, Barry Kamins discusses how the Court has more recently taken up the issue of whether DeBour can be applied to non-criminal offenses.

By Barry Kamins

8 minute read

February 03, 2020 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins discusses a recent decision, 'People v. Cook', which is the last of a trilogy of decisions that began over 40 years ago, and which define a court's discretion to reopen a suppression hearing in a number of contexts.

By Barry Kamins

8 minute read