Appellate Courts Might Not Be Able to Affirm Decisions With Right Result But For Wrong Reason
In People v LaFontaine (92 NY2d 470 [1998]) the Court of Appeals held that the Appellate Divisions cannot affirm a lower court’s decision for reasons which were rejected by that lower court. The lower court in LaFontaine had refused to suppress the drugs in question, but for the wrong reason, rejecting the correct reason. The Appellate Division affirmed, basing its holding on the correct rationale, which the lower court had rejected. The Court of...
read moreAnother Reversal Where More Offenses Proved Than Charged
Once again an appellate court has reversed a conviction pursuant to People v McNab (167 AD2d 858 [4th Dept 1990]) where there were more offenses proved than charged. In People v Boykins (2011 NY Slip Op 04838 [6/10/11) the Appellate Division, Fourth Department reversed a conviction for attempted murder in the second degree and dismissed the count in the indictment charging defendant with that crime, where that count referred to a single attempt to...
read moreIn Deciding For Cause Challenges Courts Must Consider Prospective Juror’s Last Statement
by James Eckert In People v Johnson (2011 NY Slip Op 04764 [6/9/11])the Court of Appeals ruled that a juror who said she could set aside her personal views on the insanity defense and could apply the law as set forth by the court should have been removed for cause based on subsequent statements by the juror on the same subject matter. Specifically, in Johnson the Court held that a juror who had written...
read moreFive Minutes Might Not Be Enough
Over the years many trial judges in New York have been imposed increasingly restrictive time limits on the questioning prospective jurors. And appellate courts have repeatedly rejected challenges to these arbitrarily time limits (see People v Jean, 75 NY2d 744 [trial court did not abuse its discretion in limiting counsel questioning to 15 minutes in first two rounds and 10 minutes in third round of voir dire]; People v Davis, 166 AD2d 453 [2d...
read moreBroad Ruling on Right to Present Evidence of Bad Reputation in Community for Truth and Veracity
byJill PapernoSecond Assistant Monroe County Public Defender In People v Fernandez (2011 NY Slip Op 04540 [6/2/11]) the Court of Appeals ruled that the trial court improperly deprived the defendant of his right to present testimony that the complainant had a bad reputation in the community for truth and veracity. Defendant was charged with courts of sexual conduct against a child, rape first and other charges. Defendant was charged in a 2008 indictment with...
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