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 which the Court held that “Nevertheless, we reject defendant’s challenge to the severity of the sentence. “Defendant was sentenced in accordance with the plea bargain and should be bound by its terms” (People v McGovern, 265 AD2d 881, lv...
read moreAnother 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 Court applied the test it previously employed in People v Young (7 NY3d 40 [2006]) for determining whether such a ruling is error: was there was evidence which corroborated the identification evidence. The Young standard in which a defendant’s...
read moreInsufficient 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 actions in driving a vehicle off a street and “doing donuts” with the vehicle in an open field at night with the headlights on do not constitute the “hallmarks of wanton recklessness necessary to demonstrate circumstances evincing a depraved...
read moreAffidavit of Regularity/Proof of Mailing from DMV is Testimonial Evidence
In People v Darrisaw (2009 NY Slip Op 06992 [4th Dept 10/2/09]), the defendant appealed from a judgment convicting him upon a jury verdict of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a] [ii]). The Court reversed because the convciton was based on an Affidavit of Regularity/Proof of Mailing from the Department of Motor Vehicles, whoch denied the defendat his right to confrontation:...
read moreExpectation of Privacy in Hotel Room Ends at Checkout Time, Even if Guest is in Police Custody at Checkout Time
In People v Kobza (2009 NY Slip Op 06948 [4th Dept 10/02/09]) the Court held that the defendant’s expectation in the privacy of his hotel room expired when he did not check out by check out time because he was in police custody: We reject the contention of defendant that Supreme Court erred in refusing to suppress two incriminating letters that the police found in a hotel room. Defendant had the burden of establishing...
read more
