New York Law Journal | Analysis
By Michael J. Hutter | June 5, 2024
The 2023–2024 term of the Court of Appeals has seen a large uptick in the number of appeals decided by the court as compared to previous terms. This is especially true as to decisions deciding important and significant evidence issues.
By Jimmy Hoover | June 3, 2024
The justices will consider "whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of force."
New York Law Journal | Analysis
By Barry Kamins | June 3, 2024
Surveillance technology has become a staple in criminal trials; with increasing frequency, prosecutors are offering surveillance video recordings as part of their evidence-in-chief. The New York Court of Appeals has now held that, under certain circumstances, a person who is not an eyewitness to the crime can testify at trial that the defendant is the person depicted in the video.
By Avalon Zoppo | May 31, 2024
"I think the odds are against getting the conviction reversed," said Richard Schoenstein, vice chair of Tarter, Krinsky & Drogin. "But there are genuine issues."
By Brian Lee | May 30, 2024
Assembly Speaker Carl Heastie, D-Bronx, said his chamber isn't likely to act in the near term on the bill, which is a legislative response to public discontent about the New York Court of Appeals' overturn of Harvey Weinstein's 2020 rape conviction.
New York Law Journal | Expert Opinion
By Paul Shechtman | May 30, 2024
Following last month's reversal of Harvey Weinstein's sexual assault convictions, a bill is receiving consideration in the New York State Legislature that would essentially adopt Rule 413 for New York. Should it become law?
By Brian Lee | May 29, 2024
Amy Paulin, D-Westchester, told reporters that it is unlikely she will be able to overcome strong opposition in the lower house of the Legislature. The bill sailed through the state Senate.
By Avalon Zoppo | May 28, 2024
"Over the years and the decades of practice, there will still be things to learn," Lara Montecalvo told the law school graduates. "And it will be important to know that and to acknowledge it and to see those lessons when they present themselves."
By Jimmy Hoover | May 24, 2024
"A defendant's 'history of criminal activity' does not 'cease to exist' merely because the crime was later redefined," Justice Samuel Alito Jr. wrote for the majority.
By The Law Journal Editorial Board | May 24, 2024
The defendant had argued in the Gloucester County trial venue that a more stringent test with the six factors used in domestic violence cases should have been the standard.
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