In addition to maintaining this blog on its website, ETKS has long-maintained a separate blog entitled “New York Criminal Defense,” accessible at http://newyorkcriminaldefense.blogspot.com/.
Change of Circumstances Is Not a Prequisite for an Applicaition to Reconsider Bail
by Jill Paperno, author of Representing the Accused: A Practical Guide to Criminal DefenseThere have been a number of recent occasions on which prosecutors have argued during bail applications that there is no change in circumstances, seemingly implying that a court cannot reconsider bail. Occasionally, this is argued in Part I during a bail review. Increasingly, it is argued at arraignments on indictment. Although a prosecutor may certainly make the argument in suggesting...
read moreThe Court of Appeals Addresses The Use of Powerpoint in Summation
by Jill Paperno, author of Representing the Accused: A Practical Guide to Criminal DefenseIn People v. Cheryl Santiago, 2014 N.Y. Slip Op. 01261 (2/25/14) the Court of Appeals addressed several issues, including sufficiency of the corroboration of defendant’s confession, admissibility of letters (with sexual content) written by the defendant to another inmate who testified about alleged admissions she made to him and the use of a Powerpoint presentation by the prosecution during summation. The...
read moreAccess to a Rape Complainant’s Mental Health Records
by Jill Paperno, author of Representing the Accused: A Practical Guide to Criminal DefenseIn People v. McCray, 2014 NY Slip Op 02970 (5/1/14), the Court of Appeals considered the extent to which a defendant is entitled to the mental health records of a complainant in a rape case. The Court of Appeals upheld the lower court’s limited disclosure of the mental health records of the complainant. In the Third Department’s decision the Court...
read moreChalllenging the Admission of Depositions at Preliminary Hearings
byJill Paperno,author of Representing the Accused: A Practical Guide to Criminal DefenseAs you know, sometimes prosecutors offer depositions of witnesses at preliminary hearings. The types of information permitted by deposition are the same as what is permitted before the Grand Jury, and is set forth in CPL 190.30(3), and incorporated by reference into the preliminary hearing statute in 180.60(8). But as two PDs appearing in City Court recently observed, a court does not have...
read moreThe Obligation of a Defendant in New York to Provide Discovery
by Jill Paperno, author of Representing the Accused: A Practical Guide to Criminal Defense Sometimes we’re so busy focusing on getting discovery and subpoenaed documents, we forget about our own discovery obligations. What do we have to give and when do we have to give it? Even experienced defense attorneys are sometimes confused by the rules. Of course, if you’ve got a great statement from a complainant about how they lied about everything, feel...
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