The New York Court of Appeals Holds That a Search is Not a Search: Orwellian Principles + Unconstitutional Search= No Search Published May 10, 2017
Codefendant Felony Acquitted: Assisting Defendant May Still Be Criminally Liable Published March 13, 2017
Inability to Speak English Not a Suspect Class for Equal Protection and Due Process Violation Published January 3, 2017
Insider Trading: Supreme Court Broadens the Definition of Personal Benefit to Include Gifts Made to Relatives and Friends Published January 3, 2017
Release of GPS Location to Police: Cell Phone Providers Permitted to Make Call Published December 20, 2016
Double Jeopardy: Retrial Hangs On Inconsistent Verdicts After Vacated Conviction Published December 13, 2016
Defining Actus Reus: Concurrent or Consecutive Sentences under Penal Law 70.25 Published December 7, 2016
Tolling the Statute of Limitations in Criminal Cases: CPL 30.10(3)(f), the Special Case of Course of Sexual Conduct in the First Degree Published November 22, 2016
Facial Sufficiency of Misdemeanor Accusatory Instrument: Plain Meaning Provides Sufficient Notice of Charges Published November 10, 2016
The Court of Appeals Gives the Business Records Rule A New Twist When Electronic Information is Transferred to Hardcopy Published November 2, 2016
Timely Objection Required By Counsel For Appellate Review Upon Mode Of Errors Claim When Jury Requested Testimony Readback Published October 3, 2016
New York Court of Appeals Requires Affidavit Of Errors To File Appeal Where No Stenographer Present Published September 20, 2016
Prior Restitution Hearing Does Not Cause Reversible Error Where Defendant Had Reasonable Opportunity To Contest The People’s Evidence And Submit His Own Proof Published July 25, 2016
Denial Of 440 Motion: Where There Are No Sworn Allegations To Support Material Facts, The Trial Court May Deny The Motion Without A Hearing. Published July 20, 2016
Molineux Evidence And Domestic Violence: Testimony Of Prior Acts of Violence Are An Exception To Prohibition On Evidence Of Pior Bad Acts Where They Serve As Background About The Relationship or Establish Intent And Motive Of Defendant. Published July 19, 2016
