By Andrew Denney | August 5, 2022
The decision by a Court of Appeals judge comes as defense attorneys have brought a barrage of challenges to New York's gun laws citing a recent and controversial decision by the U.S. Supreme Court.
By Colleen Murphy | August 5, 2022
"Unfortunately, although no doubt well-intentioned, the majority violates the judicial norms listed above," Judge Wesley G. Russell Jr. wrote in the dissent. "As explained below, I believe the majority's departures from these norms lead the majority to an incorrect conclusion: that a defendant may invoke the protections of the overdose statute without actually experiencing an overdose."
New York Law Journal | Analysis
By Michael J. Hutter | August 3, 2022
The court issued decisions addressing, among other evidence matters, the admissibility of screenshots, expert testimony concerning false confessions, impeaching evidence as limited by the collateral evidence rule, 911 calls under the present sense impression hearsay exception and expert scientific DNA evidence based on complex computer analysis. The court also had two of its prior decisions addressing Confrontation Clause issues rejected by the U.S. Supreme Court.
By Allison Dunn | August 2, 2022
"[W]e agree with the defendant and do not read the statute to apply only where both a blood draw and subsequent chemical test or analysis is done by or at the direction of police. First, such an interpretation would contradict the plain language of the statute, rendering the consent provision of §24(1)(e) inoperative in certain situations where, according to the plain language of the statute, the consent provision applies," Justice Elspeth B. Cypher wrote on behalf of the state high court.
New York Law Journal | Commentary
By Saul Kassin | August 2, 2022
The system is broken and desperately in need of reform, writes Saul Kassin of the John Jay College of Criminal Justice. At the bare minimum, police should be required to videotape suspect interrogations in their entirety.
New York Law Journal | Analysis
By Barry Kamins | August 1, 2022
A unanimous Court of Appeals has underscored the principle that, under certain circumstances, a court's discretion can be limited by a defendant's constitutional right to present a defense.
By Andrew Denney | July 29, 2022
A judge said in a recent ruling that New York state courts have been hit with a "flood" of constitutional challenges filed on behalf of defendants facing illegal gun possession charges.
By Brad Kutner | July 26, 2022
The panel found comments made by an assistant U.S. attorney would have prejudiced the jury had there not been a mountain of evidence and careful preparation by the district judge.
By Andrew Goudsward | July 25, 2022
Bannon's lawyers are likely to use the judge's statements on appeal to push for a more strict standard of "willfulness" in contempt of Congress cases.
By The Associated Press | July 25, 2022
The Fulton County District Attorney's office said in a court filing Friday that it plans to retry McIver on charges of felony murder, aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.
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