Challenging the Use of Recorded Conversations of Pretrial Detainees

Posted by on April 18, 2016 in Blog | 0 comments

Sometimes an appellate decision rejecting the arguments raised on appeal provides a blueprint as to how similar claims can be raised in a manner that may be more likely to succeed. One such decision is that of the Court of Appeals in People v Johnson  (_ NY3d _ , 2016 NY Slip Op 02552 [4/5/16]), in which the Court rejected a defendant’s claim that the People’s use at his criminal trial of excerpts from...

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Gun Court – proposed voluntary discovery agreement

Posted by on March 15, 2016 in Blog | 2 comments

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...

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Information on the new Monroe County Gun Court Part

Posted by on March 15, 2016 in Blog | 1 comment

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...

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Statutory presumptions, Part 2: Factual predicates are required to justify the use of presumptions

Posted by on February 28, 2016 in Blog | 0 comments

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...

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Mr. Guilty, I presume? The use of statutory presumptions in criminal prosecutions.

Posted by on February 7, 2016 in Blog | 1 comment

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...

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