With the meaning of “depraved indifference” resolved and no Crawford decision on the docket for the first time in recent years, the 2008-2009 term of the New York Court of Appeals was short on fireworks. Only one case, People v. Weaver, attracted the interest of the mainstream media.1 Otherwise, the Court resolved 66 criminal cases in a workmanlike fashion, deciding 55 cases unanimously.
Weaver was new Chief Judge Jonathan Lippman’s first major opinion, and it was a bold start. The police had affixed a GPS device to the bottom of the defendant’s van and tracked its movements for 65 days. At the defendant’s trial for burglarizing a K-Mart, an accomplice testified that shortly before the burglary, the defendant had cased the K-Mart in his car, and GPS readings were admitted to corroborate that account. (The trial judge denied the defendant’s motion to exclude the GPS evidence without requiring the prosecution to explain why it had employed it.)
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