Standing, Precedent, and Preservation
In People v Stith (69 NY2d 313 [1987]) the Court of Appeals held that the People must timely object to a defendant’s failure to prove standing in order to preserve that issue for appellate review. Since the Court of Appeals is the highest court in the state and its holdings as to state law are binding on lower courts, one would have thought that the Appellate Divisions would refrain from upholding the denial of...
read morePractice Tips: The First Interview With a New Client
by Jill PapernoSecond Assistant Monroe County Public Defender The first meeting with a client can set the tone for the rest of the relationship. Like a first date, you want to make a good impression, let the client know that you are smart, caring, and the person they want be with for the forseeable future. And like a first date, you should prepare. 1. Appearances do matter I am a public defender, so I...
read moreIncredible Testimony Renders Searches Lawful
by Andrew D. Correia,First Assistant Wayne County Public Defender The Court of Appeals recently issued a decision on two consolidated cases (People v Brannon and People v Fernandez (2011 NY Slip Op 03676, _ NY3d _ [5/11/11) which set forth the level of knowledge a police officer must possess before, consistent with DeBour, he or she has reasonable suspicion to believe an individual possesses a gravity knife as opposed to a legal pocketknife.In People...
read moreGuilty Pleas and the Mentally Ill Defendant
Courts needs to be particularly careful in accepting a guilty plea from a defendant known to be mentally ill. There are twin dangers in such cases. First, the plea may not be knowing, intelligent, and voluntary. Second, the mental illness might negate the crime charges. Thus, in People v DeWolf (155 AD2d 995 [4th Dept 1989]), the Appellate Division, Fourth Department held that where the court was aware when guilty plea was entered that...
read moreProsecutors Generally Cannot Appeal The Granting of Youthful Offender Status
In People v Jason L. (2011 NY Slip Op 03440 [4th Dept 4/29/11]) the Court rejected an attempt by a prosecutor to appeal a youthful offender adjudication holding that there is no statutory authorization for such an appeal: ) The People contend that the court abused its discretion in granting defendant youthful offender status and that, as a result, the sentence imposed is invalid as a matter of law. We conclude that the appeal...
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