Jury Trial Commences when the Selection of a Jury Commences: Application for Pro Se Representation Must Be Before Jury Selection to be Timely. Published December 4, 2018
Jury Notes And Mode Of Proceedings Error: If Counsel Is Informed But No Meaningful Response To Jury Then No Mode Of Proceedings Error Published June 22, 2016
Adequacy of Miranda Warnings And The Fifth Amendment Right To Remain Silent Published November 3, 2014
Drug Law Reform Act Of 2009 Excludes Certain Defendants From Sentence Reduction Published October 31, 2014
CPL 450.90(2) Appealing To The Court Of Appeals From Appellate Division: Mixed Questions of Law And Fact Don’t Fly Published October 30, 2014
Right To A Speedy “Re-Trial”: Calculating Speedy Trial Time On Remand From An Appellate Court Published October 28, 2014
Knowing Criminal Possession: A Defendant Must Be Within Close Proximity To Assume The Presumption Under Penal Law §220.25(2) Published October 27, 2014
The Limited Power Of The New York Court Of Appeals: Mixed Questions Of Law And Fact Published October 24, 2014
Searches Of Closed Containers Within A Home: Where No Exigent Circumstances Exist, Police Must Obtain Warrant To Search Closed Container Within The Home Published October 23, 2014
Sixth Amendment Confrontation Rights Not Violated Where Defendant Procures Witness’s Absence At Trial Published September 12, 2014
Vehicle And Traffic Stops: During A Lawful Traffic Stop, Police Must Have Founded Suspicion That Criminal Activity Is Afoot In Order To Question Occupant About Weapon Possession Published September 8, 2014
Mens Rea: The Intent To Violate An Order Of Protection May Constitute The Mens Rea Element Of Burglary Published August 27, 2014
Reasonable Suspicion: Police Must Possess A Sufficient Level Of Knowledge With Specific And Articulable Facts In Order To Conduct A Stop And Frisk Published August 21, 2014
Brady Material: Prosecution Does Not Have An Affirmative Duty To Obtain Exculpatory Evidence Published August 20, 2014
Expert Testimony: Court Of Appeals Expands The Scope Of Child Sex Abuse Expert’s Testimony To Include Sexual Predator’s Behavior Published August 13, 2014
Defendant’s Fitness For Trial: Court Of Appeals Held That It Is Within The Sound Discretion Of The Trial Court To Determine Whether Defendant Is Fit For Trial Published August 11, 2014
Closing Arguments: Trial Court Has Authority To Limit Defense Counsel’s Arguments At Closing Published August 7, 2014
Grand Jury’s Discretion: Prosecution’s Claims That Defense Requested Witness Was Not Relevant Did Not Undermine Grand Jury’s Discretion. Published August 6, 2014
Sleeping Jurors: Judge Did Not Abuse Her Discretion When She Did Not Dismiss A Sleeping Juror During Deliberations Published August 5, 2014
