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By Allison Dunn | August 11, 2022
"We conclude, as a matter of first impression, that a defendant may be convicted of human trafficking under G. L. c. 265, §50(a), so long as the jury find that the defendant knowingly trafficked another person, regardless of whether that person is specifically identified," Justice Frank M. Gaziano wrote on behalf of the unanimous court. "Because the trafficking offenses at issue here were charged as ongoing criminal schemes, rather than as discrete instances of trafficking, we conclude that such an instruction was not warranted, and the trial judge did not err in declining to provide one."
New York Law Journal | Commentary
By Brian D. Ginsberg | August 11, 2022
"In my view, the concurrences and dissents issued by the court's judges, as well as the frequency with which those separate writings are issued, provide substantial assistance to litigators practicing at all levels of the judicial system."
New York Law Journal | Analysis
By Robert J. Anello and Richard F. Albert | August 10, 2022
In 'Ciminelli' and 'Percoco', the Supreme Court will have the opportunity to further limit prosecutors' use of unduly broad interpretations of the federal fraud laws to impose their own notions of an integrity code onto state government and many other arenas beyond their proper reach.
By Jason Grant | August 9, 2022
A Florida appeals court has reversed a trial court's rejection of a convict's ineffective-assistance grounds as relief from his conviction, saying that a judge's "subsequent explanation" regarding his true sentence-length exposure could not "cure" his lawyer's earlier wrongful advice.
By Andrew Goudsward | August 9, 2022
Prosecutors urged the court to reject a "narrow interpretation" of the obstruction statute that a lower court judge used to dismiss charges against three men accused of taking part in the riot.
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.
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