Barry Kamins

November 29, 2019 | New York Law Journal

In New York, the prosecution of sober drivers who disregard minor traffic regulations and cause the death or physical injury of other motorists, pedestrians or bicyclists, has been criticized as weak or non-existent. This is due, in large part, to a small patchwork of laws that only provide prosecutors with a limited opportunity to ascribe criminal culpability to acts of vehicular violence. That, however, may be changing. In his Criminal Law and Procedure column, Barry Kamins examines proposed legislation that would establish four new offenses.

By Barry Kamins

7 minute read

October 04, 2019 | New York Law Journal

The past legislative session was one of the most productive sessions in recent memory with respect to criminal justice legislation. In his Criminal Law and Procedure column, Barry Kamins reviews criminal justice legislation signed into law by Gov. Andrew Cuomo, amending the Penal Law, Criminal Procedure Law and other related statutes.

By Barry Kamins

21 minute read

August 02, 2019 | New York Law Journal

On June 30th, New York became the seventh state to ban what is referred to as the “gay and trans panic defense”—a defendant is now precluded from raising the defense of extreme emotional disturbance upon discovering a victim’s sexual orientation, sex or gender. The defense had been used to mitigate a defendant’s culpability in a murder case by reducing the crime to manslaughter in the first degree. A number of defense organizations have opposed the law on the ground that it violates a defendant’s right to due process by preventing an individual from raising a defense at trial or for purposes of plea bargaining. In his Criminal Law and Procedure column, Barry Kamins explores the new law and the legal challenges it may face.

By Barry Kamins

9 minute read

May 31, 2019 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins writes: For the first time in a half century, New York has approved a set of sweeping reforms to the state's criminal justice system that will limit the setting of monetary bail, expand discovery in criminal cases, and enhance the right to a statutory speedy trial. These reforms will be effective on Jan. 1, 2020. This column reviews the most significant aspects of this legislation.

By Barry Kamins

16 minute read

March 29, 2019 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins focuses on one discrete issue that has arisen in light of current events: Does a presidential pardon pose a bar to a state prosecution for the same acts or criminal transactions committed under federal law?

By Barry Kamins

9 minute read

February 01, 2019 | New York Law Journal

In his Criminal Law and Procedure column, ​Barry Kamins writes: Two months ago, a new hearing was mandated as a result of 'People v. Suazo', in which the Court of Appeals held, in a 5-2 decision, that a noncitizen defendant charged with a deportable class B misdemeanor (maximum of three months in jail) is entitled to a jury trial under the Sixth Amendment, even though the maximum authorized sentence is a term of imprisonment of less than six months.

By Barry Kamins

9 minute read

October 11, 2018 | New York Law Journal

Criminal Law and Procedure columnist Barry Kamins continues his annual review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes.

By Barry Kamins

11 minute read

October 04, 2018 | New York Law Journal

Criminal Law and Procedure columnist Barry Kamins presents his annual review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes. Here, he discusses the singular substantive criminal justice legislation that was enacted by the Legislature: the creation of a Commission on Prosecutorial Conduct.

By Barry Kamins

7 minute read

August 03, 2018 | New York Law Journal

In his column on Criminal Law and Procedure, Barry Kamins analyzes 'Carpernter v. U.S.,' a landmark decision significantly affecting digital privacy.

By Barry Kamins

1 minute read

June 01, 2018 | New York Law Journal

In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of 'People v. DeBour,' the case establishing the level of intrusion allowed during police encounters with citizens.

By Barry Kamins

12 minute read