Crash and Death in New York – Defendant asserts his right to counsel; conviction overturned, stateme
The Appellate Division, Third Department, provides another example of why it is important to speak to an attorney before speaking with...
Admission of machine generated blood test for sexually transmitted disease, without the testimony of
The appeal here comes from a conviction, after a jury trial, of predatory sexual assault against a child and course of sexual conduct...
Defense Counsel did not expressly consent to longer adjournment – The People bear the burden of Prov
The accused has the Constitutional Right to a Speedy Trial. Recently, the Supreme Court in Betterman declared the sole remedy for a...
Grabbing at the waistband did not justify the seizure and search: Evidence, including gun, suppresse
Police need to justify their actions. More than just saying hello or “peeking” into the car window, New York police officers must justify...
New Trial Granted: Juror could not unequivocally state she could render an impartial verdict
This case comes by way of an appeal. The Defendant was convicted of assault in the third degree and criminal mischief in the fourth...
The People failed to timely seek a DNA Test resulting in the Dismissal of an Indictment On Speedy Tr
In People v. Clark, the New York Court of Appeals throw out a first degree murder charges because the People, the prosecutor, did not act...
Prosecutor’s Statements about DNA evidence results in New Trial for Criminal Defendant
After a jury trial, the defendant was convicted of criminal possession of a weapon in the second degree. A new trial is ordered because...
Hofstra Student’s Public Lewdness Charge, Penal Law 245, stands
A college student’s inappropriate behavior became criminal in class. “Defendant is accused by information of public lewdness (see Penal...