The court must view the evidence in the light most favorable to the defendant, and if there is “any reasonable view of the evidence [that] would permit the factfinder to conclude that the defendant’s conduct was justified
criminal possession of a weapon and innocent possession defense with justification defense
People v. Darryl Brown NY Slip Op 03529 New York Court of Appeals Decided on May 7, 2019 ISSUE: Whether the trial court erred in denying a request for … Continue reading
Criminal Possession of a Weapon: “the jury must be instructed on all claimed defenses which are supported by a reasonable view of the evidence—not by any view of the evidence, however artificial or irrational”
By statute and constitutional law, New York guarantees criminal defendants the right to a speedy trial and prompt prosecution (see People v Staley, 41 NY2d 789, 791; People v Vernace, 96 NY2d 886, 887 [2001]; NY Const Art I, § 6; CPL § 30.20). “[T]he State due process requirement of a prompt prosecution is broader than . . . the Sixth Amendment
Lower Court Reopens Suppression Hearing, Allows Additional Testimony People v Cook NY Slip Op 09059 24 NY3d 412 May 13, 2020 Did the Lower Court Err in Reopening Suppression Hearing? … Continue reading
People v. Fidel Vega New York Court of Appeals NY Slip Op 03530 Decided: May 7, 2019 ISSUE: Whether the trial court erred in charging instructions to the jury where … Continue reading
Inability to Speak English Not a Suspect Class for Equal Protection and Due Process Violation People v. Aviles New York Court of Appeals 2016 Slip Op 07836 Decided on … Continue reading
Constitutional Violation Under Batson v Kentucky: Striking Of Two Black Prospective Jurors Was Racially Motivated United States Supreme Court Foster v Chatman No. 14-8349 Decided: May 23, 2016 Issue: Whether … Continue reading
NYCPL 30.30 Who Gets Charged Speedy Trial Time ? What Every Defense Lawyer Should Know. People v Barden New York Court of Appeals 2016 NY Slip Op 04659 Decided: June … Continue reading
Can A Trial Court Submit Lesser Charge To A Jury Over Defendant’s Objection? New York Court of Appeals People v Hull 2016 NY Slip Op 04252 Decided: June 2, 2016 … Continue reading
Ineffective Assistance Of Counsel: What Information Does Defense Counsel Have To Provide To The Expert People v Henderson New York Court of Appeals 2016 NY Slip Op 03649 Decided on … Continue reading
People v Nelson 2016 NY Slip Op 02554 New York Court of Appeals Decided on: April 5, 2016 Issue: Whether defendant was deprived his right to a fair trial when … Continue reading
People v. Guthrie 2015 WL 1524672 New York Court of Appeals Decided on April 7, 2015 Blog by: Stephen N. Preziosi Esq., Criminal Appeals Lawyer The New York Court of … Continue reading
People v Grubstein 2014 NY Slip Op 07924 [24 NY3d 500] New York Court of Appeals Decided on November 18, 2014 Blog by: Stephen N. Preziosi Esq., Criminal Appeals Lawyer … Continue reading
New York Court of Appeals People v. Reid 2014 Slip Op 08759 Decided on December 16, 2014 Blog By: Stephen N. Preziosi Esq., Criminal Appeals Lawyer Issue: Whether a pat-down … Continue reading
U.S v. Therve United States Court of Appeals for the Eleventh Circuit 764 F.3d 1293 2014 Decided on: August 20, 2014 Blog By: Stephen N. Preziosi Esq., Criminal Appeals Lawyer … Continue reading
People v. Wells NY Slip Op 07012 New York Court of Appeals Decided on: October 16, 2014 Blog By: Stephen N. Preziosi Esq., Criminal Appeals Lawyer CPL 30.30 and Reasonable … Continue reading
People v. Kims 2014 NY Slip Op 07196 New York Court of Appeals Decided on: October 23, 2014 Blog By Stephen N. Preziosi Esq., Criminal Appeals Lawyer Issue: Whether the … Continue reading
U.S v. Feather United States Court of Appeals for the Seventh Circuit 2014 WL 4803128 Decided on: September 29, 2014 Jury Instructions And Justification Defense Requires Sufficient Evidence Blog by: … Continue reading