N.Y. Bail Reform, Order of Protection and Least Restrictive Means
In People v Soto 2020 NY Slip Op 20015 Decided on January 8, 2020 Criminal Court Of The City Of New York, Bronx County the Defendant had a criminal history involving several orders of protection and violations of these orders of protection. In New York State, well before New York Bail Reform, the order of protection was routinely issued in "domestic" violence cases. The Order of protection usually directs the accused to refrain from contact or communication with another pers
NY CPL 245 - Challenging the Protective Order
The Defendant in People v. Branton (Branton), 2020 NY Slip Op 00372 (Jan 17, 2020, 2nd Department) appealed the lower court's ruling pursuant to CPL § 245.70(6). CPL § 245.70(1) provides that, upon a showing of good cause by either party, the court may order that disclosure and inspection be denied, restricted, conditioned, or deferred, or make such order as appropriate. Branton is a case where the Defendant was accused of rape, murder, kidnapping and assault. The lower cour
CPL 245 - New York Criminal Order to Show Cause
2020 is bringing enormous changes, locally and nationally, but the sea change that occurred in criminal law is truly unprecedented insofar as the prosecution shall not be deemed ready for trial for purposes of Criminal Procedure Law (CPL) § 30.30 until it has filed a proper certificate absent an individualized finding of exceptional circumstances. Local prosecutors who routinely answered “ready for trial” at arraignment no longer do so because the need to comply with providin
New York Criminal Defense and Discovery in 2020
The case is People v. DeMILIO, 2020 N.Y. Slip Op 20003 (County Ct. 2020) and it answers the question, "whose discovery is it anyway?" Does the new law (New York, Long Island Criminal Defense) impact cases that were filed prior to January 1, 2020 - it does! New York Criminal Defendants have a right to that discovery even though the case was started in 2019 and the burden is on the People of the State of New York. In People v. DeMILIO, the prosecutor took the position that the
Come back with a Warrant - Evidence Suppressed
In People v. Fray, 2019 NY Slip Op 52086 - NY: County Court 2019, the New York City Police Officer conducted a protective sweep. The NYPD was looking for a bound female who was being held captive. Approaching the accused, he initially took the accused into his apartment to avoid the negative implications of being handcuffed by an NYPD officer in the middle of his common way/hallway. The potential charges: kidnapping, criminal possession of a weapon, assault, battery, etc. Th
