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/.
As correctly noted by my good pal Anonymous, I neglected to post the Gun Court voluntary discovery agreement – here it is: VOLUNTARY DISCLOSURE AGREEMENT CR # ________________ It is hereby agreed between the parties to the above-entitled action: 1. For those criminal cases referred to the Monroe County Gun Crimes Part, the District Attorney of Monroe County will, as soon as practicable, provide pre-indictment discovery to the defendant’s attorney of record, for the...read more
The following description of the “Gun Crimes Part” was generated as a result of meetings with Supreme Court Justice Thomas Moran, District Attorney Sandra Doorley and Monroe County Public Defender Timothy Donaher, as well as several others. We are sharing this with you so that you will become aware of the process. This memo does not reflect any endorsement of the process by ETKS or its attorneys: Gun Crimes Part There is a new...read more
Recall that we noted in the last post that presumptions may not be invoked where the underlying facts needed to support them are not present (see People v Zekaj, 191 AD2d 663 [2nd Dept 1993]; People v Wilt, 105 AD2d 1089 [4th Dept 1984]). When are the underlying facts insufficient to warrant invoking a presumption? As you might expect, there’s no black on white rule, so we’ll lay out the considerations below. Consider...read more
This is the first in a series of several blog posts on statutory presumptions in criminal prosecutions, many of which deal with guns and drugs (presumption that all occupants possess a firearm found in a vehicle [Penal Law § 265.15(3)]; presumption that all occupants of a vehicle knowingly possess controlled substance not concealed on a occupant’s person [Penal Law § 265.25(1)]; presumption of knowing possession by all occupants of controlled substances or marijuana in...read more
Reversal for Prosecutorial Misconduct Seems Preferable to Reversal for Ineffective Assistance of Counsel
Last week’s post discussed People v Jones (2015 NY Slip Op 09773), in which the Appellate Division, Fourth Department, reversed a conviction in the interest of justice due to numerous acts of prosecutorial misconduct in summation which were egregious, but largely unpreserved by timely objection. That is obviously a great result for Mr. Jones and his appellate attorney (good work, Catherine Josh). And it allows trial counsel to join in celebrating the client’s reversal. But...read more