Posts by ETKSadmin

Time running out; exercising the right to testify before the grand jury

Posted by on 2:35 am in Blog | 0 comments

If, as in our jurisdiction, the District Attorney opts for a lickety-split indictment procedure in order to avoid being required to proceed with preliminary hearings, defendants’ rights to testify before the grand jury may be compromised. On the other hand, there is an apparent anomaly in CPL Article 190 that may be employed to protect the defendant’s right to testify. The scenario goes something like this: Defendant is arraigned on a felony in local...

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Plain logic loses again.

Posted by on 9:18 pm in Blog | 1 comment

Where the appellate court finds the sentence imposed to have been illegal and remits for vacatur or resentence, who gets to pick which relief is imposed? In People v Maliszewski (2009 NY Slip Op 6376, decided Sept 3, 2009), the Court of Appeals held that it was the sentencing court, not the defendant. In 2006, County Court agreed that it would sentence Mr. Maliszewski to 2 to 4 years upon his conviction for burglary,...

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Brian Shiffrin wins the Nathaniel Award, joins Easton Thompson Kasperek Shiffrin LLP

Posted by on 2:30 pm in Blog | 0 comments

Congratulations to our friend and colleague Brian Shiffrin, the 2008 Nathaniel Award recipient. The Nathaniel Award recognizes and rewards an attorney’s significant contribution to the administration of justice, above and beyond the daily responsibilities of his job. This year Brian retires from the Monroe County Public Defender’s Office following a long and distinguished career of service to the advancement of justice and the indigent litigants in Monroe County. Brian has served as the attorney...

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