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Location, Location, Location

Posted by on February 2, 2013 in Blog | 0 comments

As with real estate, the location of the arrest or alleged criminal offense can be determinative as to the disposition of the case. Thus, as demonstrated by the cases discussed below, it is critical that counsel be aware of such location and the potential impact that might have on the charges. For instance, instance in  People v. Cornell (17 AD3d 1010 [4th Dept 2005]), the defendant appealed from a judgment of Ontario County Court...

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Huge Difference Between Federal and New York Law Regarding The Significance of Flight

Posted by on February 2, 2013 in Blog | 0 comments

In Illinois v Wardlow (528 US 119 [2000]), 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...

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Litigating Consent to Search In New York

Posted by on February 1, 2013 in Blog | 0 comments

 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...

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Representing the Accused: A Practical Guide to Criminal Defense

Posted by on October 28, 2012 in Blog | 0 comments

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...

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Criminal Law Slanguage of New York, 5th edition

Posted by on October 28, 2012 in Blog | 0 comments

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...

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