New York Criminal Defense

Recent Posts from New York Criminal Defense

• Benefits & Brady

  In People v Colon (__NY3d__, 2009 NY Slip Op 08477 [11/19/09])the Court of Appeals granted co-defendants' motion to vacate their murder convictions where only two witnesses had linked the defendants to the crime and the…

• Can New York Police Order Blood Draw from Suspect Outside New York?

  In People v Lerow (_ AD3d __, 2009 NY Slip Op 08648 [4th Dept 12/20/09]) the Fourth Department decided an apparent issue of first impression for a New York appellate court: Can a New York…

• Consent to What?

  A person's consent to do one thing is not a blanket consent to something else. In People v Gayden (__AD3d__, 2009 NY Slip Op 08332 [4th Depth 11/13/09]), the Fourth Department reminded both police and…

• Not Every Document Kept By A Business Qualifies as a Business Record Under CPLR 4518

  In People v Manges ( __ AD3d__, 2009 NY Slip Op 08258 [4th Dept 11/13/09]), the Court reversed and dismissed convictions for Criminal Possession of a Forged Instrument and Grand Larceny which were predicated on…

• Flashing High Beams Did Not Provide Probable Cause For Stopping Vehicle

  A conviction for driving while intoxicated was reversed in People v Rose (__AD3d __, 2009 NY Slip Op 08412 [4th Dept 11/13/09]) where the stop was baed on what the officer's bleief that he had…

• Doing Nothing Might Not Be A Crime

  In affirming a dismissal of an indictment charging criminally negligent homicide (CNH), due to insufficient proof at the Grand Jury, the Fourth Department, in People v Bianco ( __ AD3d __, 2009 NY Slip Op…

• Fourth Department Recognizes its Authority to Reduce Negotiated Sentences

  In February, this blog discussed the Fourth Department's failure to acknowledge its authority to reduce negotiated sentences.The focal point of the column was the decision in People v Farrow, 59 AD3d 935 [4th Dept 2/6/09],in…

• Another Decision on Expert Testimony on Identification Evidence

  In People v Abney and Allen (2009 NY Slip Op 07668 10/27/09) the Court of Appeals considered two cases in which the defense was denied the right to introduce expert testimony on identification evidence. The…

• Not so Swift

  The decision in People v Sammy L. Swift (2009 NY Slip Op 07009 [4th Dept 10/2/09]) is a short one, and you really have to read it all to appreciate it, so here goes:It is…

• Insufficient Evidence of Reckless Endangerment in the First Degree

  In rejecting the People's appeal from the dismissal of an indictment for Reckless Endangerment in the First Degree, the Court in People v Hatch (2009 NY Slip Op 07075 [4th Dept 10/02/09]) held that Defendant's…