NY Fair Trial: Brady Evidence withheld results in New Murder Trial
Criminal conviction overturned. The homicide conviction is overturned in this case because the prosceutor withheld evidence. "The Brady rule is based on the requirement of due process, and [i]ts purpose is not to displace the adversary system as the primary means by which truth is uncovered, but to ensure that the accused receives a fair trial'" (People v Garrett, 23 NY3d 878, 884 [2014], quoting United States v Bagley, 473 US 667, 675 [1985]). "[T]he Court of Appeals recentl
NYS Criminal Defense Attorney: Discovery, Preservation and FOIL
Hire a criminal defense attorney that makes demands, pursues evidence, investigates the case and does more than consult a discovery checklist when the law changes in New York State: Criminal defense attorneys should utilize discovery demands in 2020. While most people are aware of the sweeping criminal justice reforms that take effect on January 1, 2020, most defense counsel do not file demands in this County. Of particular import here is the mandate that the prosecution shal
DWI & DUI Checkpoints This Season
Warrant exception and stops without probable cause. You would think that this would not occur in a country founded upon angry colonialists who were subject to soldiers staying in their homes and stamp/tea taxes but it does. Warrantless car stops have received the approval of the Supreme Court of the United States. The Defendant here appeals from a judgment of the Criminal Court of the City of New York, New York County (Stephen Antignani, J.), rendered October 28, 2016, convic
