Barry Kamins

July 31, 2015 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins writes that for the first time in 20 years, since the Court of Appeals first established that a witness' grand jury testimony may be used as evidence-in-chief at trial when the defendant's misconduct has made that witness unavailable to testify, the court has rejected a prosecutor's attempt to introduce grand jury testimony at trial.

By Barry Kamins

11 minute read

June 01, 2015 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins writes that despite 'People v. DeBour's' clear delineation of four tiers of street encounters initiated by police officers, lower courts have occasionally permitted an additional type, somewhere between the common-law right of inquiry and the forcible stop, that has not yet been fully addressed by the Court of Appeals.

By Barry Kamins

11 minute read

May 29, 2015 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins writes that despite 'People v. DeBour's' clear delineation of four tiers of street encounters initiated by police officers, lower courts have occasionally permitted an additional type, somewhere between the common-law right of inquiry and the forcible stop, that has not yet been fully addressed by the Court of Appeals.

By Barry Kamins

11 minute read

February 02, 2015 | New York Law Journal

Barry Kamins of Aidala, Bertuna and Kamins, discusses the development of the fugitive disentitlement doctrine—which permits the dismissal of an appeal where the defendant absconds justice—and the doctrine's recent expansion to certain civil proceedings, immigration cases, and collateral review of conviction.

By Barry Kamins

10 minute read

January 30, 2015 | New York Law Journal

Barry Kamins of Aidala, Bertuna and Kamins, discusses the development of the fugitive disentitlement doctrine—which permits the dismissal of an appeal where the defendant absconds justice—and the doctrine's recent expansion to certain civil proceedings, immigration cases, and collateral review of conviction.

By Barry Kamins

10 minute read

October 15, 2014 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins reviews criminal justice legislation enacted in the last session, including three substantive pieces designed to strengthen New York's laws relating to public corruption, address the dramatic increase in heroin trafficking and abuse, and permit the use of marijuana for medical purposes.

By Barry Kamins

20 minute read

May 16, 2014 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins analyzes a decision in which the court addressed certain strategies that have come under criticism by courts and members of the defense bar. Specifically, the court addressed the common scenario where the People file an off-calendar statement of readiness and subsequently announce in court that they are not ready to proceed.

By Barry Kamins

12 minute read

April 07, 2014 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins, a Supreme Court Justice and administrator for the New York City Criminal Court, analyzes a recent Court of Appeals case holding that should a prosecutor choose to offer evidence sufficient to warrant charging a jury on the defense of extreme emotional disturbance, the defendant can obtain a charge from the court without having to present his own evidence and without having to file statutory notice pursuant to CPL 250.10.

By Barry Kamins

11 minute read

February 03, 2014 | New York Law Journal

In his Criminal Law and Procedure column, Supreme Court Justice Barry Kamins reviews a decision in which the Court of Appeals ruled, in the context of a pretrial motion to reopen a suppression hearing, that the People may not present additional evidence to deny suppression when they had a full and fair opportunity to present their case.

By Barry Kamins

11 minute read

December 02, 2013 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins, administrative judge, Criminal Court of the City of New York, reviews a recent appellate decision that found, for only the second time since the Court of Appeals ushered in the "modern era" of weight-of-the-evidence review in 'Bleakley,' that it was against the weight of evidence for a jury to reject the affirmative defense of extreme emotional disturbance.

By Barry Kamins

12 minute read