December 02, 2013 | New York Law Journal
Weight of Evidence and Extreme Emotional DisturbanceIn 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
October 30, 2013 | New York Law Journal
Carmen Beauchamp CiparickBarry Kamins writes: During her remarkable career as a lawyer and jurist, Judge Ciparick has broken barriers and forged new paths while leaving a legacy as a passionate judge who cared deeply about the disenfranchised and underprivileged citizens of New York.
By Barry Kamins
5 minute read
August 29, 2013 | New York Law Journal
Misunderstanding Role of Judges in Criminal CourtBarry Kamins, administrative judge for the Criminal Courts of the City of New York, writes: Professor Steven Zeidman's recent essay unfortunately reflects a misunderstanding of the role judges play in the Criminal Court and is a disservice to the hardworking jurists who preside there.
By Barry Kamins
2 minute read
February 04, 2013 | New York Law Journal
Police-Citizen Encounters: Extending 'DeBour' to Traffic StopsIn his Criminal Law and Procedure column, Barry Kamins, a Supreme Court justice, administrative judge, Criminal Court of the City of New York, and administrative judge for criminal matters in Brooklyn Supreme and Criminal courts, writes without a founded suspicion of criminal activity, the police officer may only ask for a driver's license, registration and insurance card - but not about the presence of weapons in the car.
By Barry Kamins
11 minute read
December 03, 2012 | New York Law Journal
Deception by Law Enforcement: When Does It Cross the Line?In his Criminal Law and Procedure column, Barry Kamins, an acting Supreme Court Justice, administrative judge, Criminal Court of the City of New York, and administrative judge for criminal matters in Brooklyn Supreme and Criminal courts, reviews two recent appellate decisions on where the law on lying lies.
By Barry Kamins
12 minute read
August 05, 2013 | New York Law Journal
Depraved Indifference Murder: One More Piece to the PuzzleIn his Criminal Law and Procedure column, Barry Kamins discusses how the Court of Appeals has defined the mens rea necessary to commit depraved indifference murder as well as the recurring one-victim fact patterns in which convictions will be upheld.
By Barry Kamins
12 minute read
March 02, 2012 | New York Law Journal
'United States v. Jones': A Supreme Court Rorschach TestIn his Criminal Law and Procedure, column Actting Supreme Court Justice Barry Kamins writes that the recent High Court decision is remarkable because, unlike any other Fourth Amendment decision in recent memory, it left unanswered several questions which, upon a first reading, many people assumed it had actually resolved.
By Barry Kamins
13 minute read
May 25, 2012 | New York Law Journal
Supreme Court Broadens Right to Effective Assistance of CounselIn his Criminal Law and Procedure column, Barry Kamins, an acting Supreme Court Justice, Administrative Judge, Criminal Court of the City of New York, and Administrative Judge for Criminal Matters in Brooklyn Supreme and Criminal Courts, writes that the Supreme Court has focused on areas of the criminal justice system that had escaped its attention; fair to say that New York courts will be grappling with the numerous procedural and policy issues that these decisions have raised.
By Barry Kamins
15 minute read
December 05, 2011 | New York Law Journal
Article 78 Proceedings in Pending Criminal CasesIn 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 successful uses of Article 78 proceedings in pending criminal cases, starting off with a look at a recent appellate ruling on a dispute between a judge and the prosecution.
By Barry Kamins
11 minute read
October 07, 2013 | New York Law Journal
New Criminal Justice LegislationIn his Criminal Law and Procedure column, Supreme Court Justice Barry Kamins discusses criminal justice legislation that has been passed by the Legislature or signed into law over the past year, including measures to combat the "paper terrorism" that has increasingly plagued judges and other public servants, address the growing proliferation of counterfeit automobile parts arriving in the United States, protect crime victims, and more.
By Barry Kamins
17 minute read
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