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/.
In Illinois v Wardlow (528 US 119 ), the United States Supreme Court, by a 5-4 vote, held that a person in a high crime area fleeing at the sight of police is, by itself, sufficient to create reasonable suspicion, under the Fourth Amendment to the United States Constitution. New York courts have refused to adopt Wardlow, in determining the significance of flight in determining whether reasonable suspicion existed justifying police action under Article...read more
by Jill PapernoSecond Assistant Monroe County Public Defender In every search case where police claim the defendant consented to the search, there are two issues that must be addressed. We often recognize the former – whether the consent was genuine consent rather than acquiescence to authority. But the second issue that must be considered is whether the police had the lawful authority to request consent. So even if a defendant genuinely consented to a...read more
Readers of this blog know that Jill Paperno, the Second Assistant Monroe County Public Defender, is a frequent contributor. Jill’s posts typically provide practical advice to defense attorneys on how to defend a particular type of case (see or see or see) or how to deal with a trial or evidentiary issue (see or see). Jill has recently authored a book, Representing the Accused: A Practical Guide to Criminal Defense (Thomson Reuters Westlaw), which...read more
A new edition of a dictionary of New York legal expressions was just released: Criminal Law Slanguage of New York, 5th edition. Glenn Murray and Gary Muldoon are the coauthors. The book has definitions for federal and state-specific terms, such as Miranda warnings, hate crime, falsus in uno falsus in omnibus, opening the door, choice of evils defense, voice stress analysis, Adam Walsh Act, cryptanalysis, best evidence rule: about 1,500 entries, in all. It...read more
byJill Paperno, Second Assistant Monroe County Public Defenderand Brian Shiffrin The Monroe County District Attorney usually indicts burglaries using the language that the defendant “entered or remained” unlawfully in the building or dwelling. Yet in 1989, in People v Gaines (74 NY2d 358 ), a case prosecuted by the Monroe County District Attorney, the Court of Appeals held that entering burglaries are actually quite distinct from remaining burglaries and that one cannot simultaneously engage...read more