Posts by ETKSadmin

Court of Appeals Refuses to Permit Vacatur of Plea where agreed upon sentence unlawfully severe

Posted by on 11:01 pm in Blog | 0 comments

People v Backus, decided today, is one of those short Court of Appeals decisions which seem innocuous, but cryptic, until you read the decision below. The Court of Appeals held simply that the appellate division should be reversed and that the People were not permitted to move to vacate the plea, noting inter alia that the prosecution did not appeal.On review of the decision below, however, it looks important. Three Fourth Department judges had...

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Strip Searching Everyone At a Search Warrant Execution

Posted by on 10:44 pm in Blog | 0 comments

Today in People v Mothersell (2010 NY Slip Op 02677 [NY [4/1/10]) the Court of Appeals struck down the use of a search warrant which permitted the search of “all persons present” to justify ‘visual’ body cavity searches (I think this means the search was limited to visible body cavities) of persons at the scene of the search warrants execution who were not arrested and were searched solely based on the search warrant. It...

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SORA and out-of-state convictions

Posted by on 11:57 pm in Blog | 0 comments

Some times a state just wants to put up a giant “Keep Out” sign for sex offenders from other parts of the country. Anyone who has seen quotes from the debates knows that this was a clearly expressed desire of some supporters of the statute. Other times they are more sophisticated. Correction Law 168-g (1) made the Sex Offender Registration Act applicable to anyone in prison, on probation or on parole as of January...

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Ten Simple Rules

Posted by on 11:38 pm in Blog | 1 comment

The below are general rules, often subject to obscure exceptions, and if unusual factors warrant, even very good general advice is best ignored (hence the name). Still, there are things which are not news, but worth a reminder. 1 – In your opening statement don’t take on a burden, don’t offer or promise to prove things. 2 – You are entitled to know the precise contents of jury notes, so long as they bear...

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710.30 Un-noticed statements and voluntariness

Posted by on 12:00 am in Blog | 0 comments

Please join me as we take a trip deep into the weeds. Fact – the People are required to serve a 710.30 notice when they intend to use statements of the defendant, which meet other criteria which will not be enumerated here. Fact – Sometimes the People do not serve a 710.30 notice as to some or all statements meeting those criteria. Fact – The Appellate Division, Fourth Department, has ruled that using such...

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