Barry Kamins

June 03, 2013 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins, a Supreme Court justice, writes that courts are being asked with some frequency to adapt to technology that, until 20 years ago, was non-existent; digital evidence is stored on cell phones, smartphones, GPS devices, tablets and home computers.

By Barry Kamins

11 minute read

April 08, 2013 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins, a Supreme Court Justice, reviews some of the less-talked about aspects of the NY SAFE Act, including tools to prosecute gang members even more aggressively by criminalizing the use of a community gun and addressing straw purchasers, the effects of a domestic violence charge on a defendant's firearms license, and more.

By Barry Kamins

12 minute read

February 06, 2012 | New York Law Journal

In his Criminal Law and Procedure column, Justice Barry Kamins, Administrative Judge of the Criminal Court of the City of New York, discusses the elements of a malpractice action, including a specific pleading requirement that essentially bars actions against defense counsel in the overwhelming majority of criminal matters, so much so, that it is fair to say a successful claim of legal malpractice in a criminal case must be viewed as a rarity.

By Barry Kamins

13 minute read

August 06, 2012 | New York Law Journal

In his Criminal Law and Procedure column, Barry Kamins, an acting Supreme Court justice, writes: Twenty-three years ago, in 'People v. Torres,' the Court of Appeals parted ways with the U.S. Supreme Court over the predicate for limited protective searches of vehicles in the absence of probable cause. Recently, the First Department identified the proper post-'Torres' standard, after careful analysis of cases from the four departments.

By Barry Kamins

11 minute read

October 01, 2012 | New York Law Journal

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, writes that while, in total, the Legislature passed the lowest number of bills since 1914, there was no dearth of criminal justice measures.

By Barry Kamins

17 minute read

December 10, 2007 | New York Law Journal

Barry Kamins, president of the New York City Bar Association, writes that December 10, Human Rights Day, reminds us of the importance of valuing human rights and how essential human rights are to world preservation. It should also remind us of importance of judges. Human rights only have meaning when protected by an independent judiciary, whose role is respected by the other branches of government - a respect that has been eroded in recent years.

By Barry Kamins

5 minute read

August 02, 2010 | New York Law Journal

In 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, writes: A number of recent cases have demonstrated that reasonable mistakes of fact are generally tolerated under the Fourth Amendment. On the other hand, a police officer's mistake of law will not be excused.

By Barry Kamins

12 minute read

April 06, 2009 | New York Law Journal

Barry Kamins, a New York City Criminal Court Judge, writes: With the statement "No man is to be convicted on unconstitutional evidence," the U.S. Supreme Court in 1961's decision in Mapp v. Ohio caused a sea change in criminal procedure and held the exclusionary rule binding on the states through the 14th Amendment. Former Supreme Court Justice Potter Stewart observed that Mapp might be the most important search and seizure decision in our nation's history. This year, however, the Supreme Court has rendered a decision that some herald as the beginning of the end of the exclusionary rule.

By Barry Kamins

13 minute read

January 21, 2009 | New York Law Journal

Barry Kamins, a New York City Criminal Court judge, writes: The Molineux rule, excluding evidence of uncharged crimes to establish criminal propensity, has been one of New York's venerable evidentiary rules for the past 108 years. After more than a century, it would seem unlikely that issues of first impression could arise in interpreting the rule itself. Recently, however, an appellate court wrestled with one such issue: whether the nature of a prior crime, in and of itself, is unique enough to prove the identity of a defendant for the crime charged?

By Barry Kamins

12 minute read

June 07, 2010 | New York Law Journal

In 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, reviews a recent Second Circuit decision dealing with New York's persistent felony offender statute that squarely conflicts with prior decisions of the New York Court of Appeals.

By Barry Kamins

14 minute read