Police Lacked Authority to Detain a Suspect While Conducting a Photo Array Elsewhere
In People v Ryan (__ NY3d __, 2009 NY Slip Op 01068 [2/12/09]) the Court of Appeals resolved a tension that has existed in the law between two lines of decisions from the Court of Appeals as to the authority of the police to detain a suspect while investigating a crime. Although it is clear that police may not forcibly seize a person without probable cause (to support an arrest) or reasonable suspicion (to...
read moreProsecutors Must Give a Grand Jury Clear Instructions
Perhaps a DA may get a Grand Jury to indict a ham sandwich, but only after clearly instructing the Grand Jury as to the law. In Matter of Second Report of Seneca County Special Grand Jury of Jan. 2007 (2009 NY Slip Op 00921 [4th Dept 2/6/09])the Court held that the failure of the prosecutor to provide a Grand Jury with clear and correct instructions on the law, rendered invalid he Grand Jury’s action....
read moreName That Tune
In People v Wallace (2009 NY Slip Op 00915 [4th Dept 2/6/09]) the Court concluded that the defendant’s playing a cassette recording of a song was admissible as evidence of defendant’s consciousness of guilt. Although “evidence of consciousness of guilt . . . has limited probative value . . ., its probative weight is highly dependent upon the facts of each particular case” (People v Cintron, 95 NY2d 329, 332-333). Here, the evidence presented...
read moreJuror’s Communication of Expert Opinion to Other Jurors is Improper
In People v Scerbo (2009 NY Slip Op 00913 [4th Dept 2/6/09]), the Court held that where two jurors improperly communicated their expert opinion to the other jurors who relied on such information in voting to convict, the trial court was correct in vacating the conviction. The trial court properly instructed the jurors that they should use their common sense, knowledge, and experience in evaluating the evidence but that, if a juror possessed special...
read moreOne May Not Waive the Presentence Report Prior to the Impositon of a Sentence of Imprisonment
In People v Shapard (2009 NY Slip Op 00903 [4th Dept 2/6/09]) the Court held that a defendant may not waive his right to a presentence report prior to the imposition of a sentence of imprisonment. We agree with defendant that his waiver of the presentence report should not have been given effect pursuant to CPL 390.20 (4) (a). Such a waiver is not authorized where, as here, “an indeterminate or determinate sentence of...
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