AD4th: Decisions Issued 2/1/2008
People v Whyte 2008 NY Slip Op 00740 Contrary to the contention of defendant, County Court properly refused to suppress evidence allegedly obtained as a result of a violation of his physician-patient privilege. Indeed, “even if there was a violation of the physician-patient privilege, the suppression of the evidence found as a result is not required” (People v Greene, 9 NY3d 277, 280). The court also properly refused to suppress statements that defendant made...
read moreAD4th: Decisions Issued 12/21/2007
People v Gause [2007 NY Slip Op 10193] [available here] Mr. Gause was charged with intentional and depraved indifference murder. County Court instructed the jury to consider either count first and, if it reached a verdict of guilty on that count, it was not to consider the remaining count. The jury considered [the depraved indifference count first, found defendant guilty, and did not reach the intentional murder count. Although the issue was not preserved,...
read moreAD4th: Decisions Issued 11/23/2007
People v Cruz, 2007 NY Slip Op 09282 [Available Here] At defendant’s first trial, which ended in a mistrial, defense counsel unsuccessfully raised a Bruton violation objection (see Bruton v United States, 391 US 123, 135-137) to the admission of prejudicial statements by a non-testifying co-defendant. At defendant’s second trial these statements were admitted without objection. On appeal the defendant argued that it was error to allow the admission of these statements. The Court...
read moreDisorderly Conduct Requires More Than Inconvenience of Pedestrians
From Jim Eckert: The Court of Appeals ruled last week on the sufficiency of an information charging Disorderly Conduct (standing on the sidewalk) and resisting arrest. In People v Jones, __ NY3d __ [11/20/17] the court reaffirmed that an information has to allege sufficient facts to make out a prima facie case. The allegation which was held to be insufficient was: he observed defendant along with a number of other individuals standing around at...
read moreI Think I Just Asked For An Attorney
When a suspect being questioned tells the police that “I think I need an attorney” and the police officer writes in his notes that the suspect “asked for” a lawyer, there is no support for a holding that the request for counsel was equivocal. That apparently non-exceptional statement is the holding of the Court of Appeals in People v Porter, _ NY3d _ [11/15/07]. What makes it worth noting is that a divided Appellate...
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