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 police officer lawfully to direct the withdrawal of blood from a suspect who is physically located outside of the state, where the supsect had been involved in a vehicular accident in New York State and transferred to another state...
read moreConsent 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 prosecutors that a person’s consent to go one place with the police is not consent to also go to the police station with them. After the defendant agreed to show the police the location where he was allegedly robbed,...
read moreNot 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 a computer printout of electronic data that was displayed on a computer screen when defendant presented a check, the allegedly forged instrument, to a bank teller, that should not have been admitted into evidence. The People failed to establish...
read moreFlashing 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 witnesses a violation of the Vehicle and Traffic Law,based on mistaken interpretation of the law. At the suppression hearing, the police officer who stopped defendant’s vehicle testified that, as he was traveling behind defendant’s vehicle on a divided highway,...
read moreDoing 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 08371 [11/13/09]), held that a drug users actions and inactions regarding a drug user’s “wasted” drug using friend, the court held that leaving the eventual decedent in his car sleeping and looking like he was getting sick, and then,...
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