Under Article 78 Petitions, Judicial Intervention Limited in Academic Decisions by Universities Published November 14, 2019
The Guarantee to Indictment by Grand Jury Not Waivable for Class A Felonies Published September 11, 2019
Trial Court Must View Record in Light Most Favorable to Defendant to Determine Reasonable View of Evidence Published August 12, 2019
Right to Effective Assistance of Counsel: Potential Versus Actual Conflict of Interest Published August 8, 2019
Written Waiver of Right to Grand Jury Considered Sufficient – No Need for Colloquy between Judge and Defendant Published September 20, 2018
Criminal Possession of a Firearm: Court of Appeals Narrows “Place of Business” Exception Published June 11, 2018
Court of Appeals Looks at Taranovich Factors to Determine Whether Speedy Trial Rights are Violated Published March 6, 2018
Defense Counsel not Ineffective for Consenting to Annotated Descriptions of Defendant’s Alleged Conduct on Jury Verdict Sheet Published February 14, 2018
Cross-Racial Identification Jury Charge Must be Granted when Identifying Witness is Different Race than Defendant Published January 10, 2018
Safeguarding the Constitutional Right to an Impartial Jury: Dismissal Required Where a Juror Expresses Inability to Reach Impartial Verdict Published August 7, 2017
Speedy Trial: Off the Record Statements of Readiness by Prosecution Followed by On Record Statement of Unreadiness Require Explanation of Change in Status Published July 25, 2017
Identifying and Defining Molineux Evidence: The N.Y. Court of Appeals’ Latest Iteration Published July 12, 2017
An Ineffective Trial Strategy Still Amounts to Effective Assistance of Counsel: N.Y. State and Federal Standards of Ineffective Assistance of Counsel Compared Published July 7, 2017
The Latest Iteration Of The Molineux Rule: The Court Of Appeals Effectively Limits The Type And Scope Of Defenses The Accused May Present At Trial Published May 12, 2017
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
New Rule By Court of Appeals: The NY Court of Appeals Can Review Summary Denial of 440 Motions For Abuse Of Discretion Published May 19, 2015