Which Came First, the Chicken, the Egg, the Search or the Arrest?
by Jill Paperno, Esq., author of Representing the Accused:A Practical Guide to Criminal Defense When you are handling probable cause hearings in which you are seeking to suppress evidence obtained as a result of a search, you must be acutely aware of the claimed (or potentially claimed) reason for any search, the timing of the arrest and the timing of the search. If a search is justified as “incident to arrest” you should attempt to elicit...
read moreCommencement of Counsel Upon Requests on Behalf of Indigents Being Questioned by Police
by Jill Paperno, Esq., author of Representing the Accused: A Practical Guide to Criminal Defense And justice for all! During a week when many of us are questioning the criminal justice system’s handling of cases, I wanted to share one case reflecting that our continued struggle to eliminate disparities in how defendants are treated can pay off. In People v. Rankin, a case in which Judge John DeMarco presided in Monroe County Court, Rochester...
read moreWhat Constitutes Reasonable Suspicion In the Context of an Anonymous Tip
byJames Eckert, Esq.Assistant Monroe County Public Defender In People v Argryris ( _NY3d_, 2014 NY Slip Op 08220, 2014 WL 6633480 [11/25/14]), the Court of Appeals rendered a simple four-judge Memorandum decision on the issue of what constitutes reasonable suspicion in the context of an anonymous tip. Unfortunately, the memorandum fails to answer the question. The Memorandum simply says that because (in the first two of the three consolidated appeals) there is record support...
read moreImportant Decision on Interrogation of Suspects with Low IQs – Providing Guidance to Courts and Counsel
by Jill Paperno, Esq. author of Representing the Accused: A Practical Guide to Criminal Defense All too often, we represent defendants who are intellectually limited, due to genetic or birth defects, lead poisoning, traumatic brain injury or other causes. We struggle to persuade prosecutors and judges that these disabilities should be considered during plea negotiations. But sometimes we fail to recognize the effect that mental disabilities may have on a defendant’s ability to understand Miranda warnings,...
read morePhysical Helplessness, Mental Incapacity and the Difference Between the Two
by Jill Paperno, Esq. Author of Representing the Accused: A Practical Guide to Criminal Defense Sometimes our clients are charged with engaging in sexual contact with complainants who are old enough to consent, but claim that based on their mental or physical condition, they could not. The penal law provides for prosecution if a complainant is physically helpless ormentally incapacitated. The distinction between a complainant who is physically helpless and one who is mentally incapacitated. is...
read more
