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/.
People v Frederick – on the unspecified powers of the court and consecutive sentences after bench trials
People v Trevor Frederick, decided June 10th, is an odd set of facts. Defendant was found guilty of attempted murder as to his former girlfriend, but the jury hung on felony murder regarding the death of the man she was with. The prosecution obtained a new indictment adding Manslaughter in the first degree. On this basis, the original indictment was dismissed by the court. On motion of the defendant, the court dismissed the new...
read moreRight to Counsel – need for a clear record of prior representation
In People v McClean, decided June 10th, the Court of Appeals held that, while right to counsel deprivations are normally reviewable even in the absence of an objection, the record must be clear that there was a deprivation, so a form of preservation requirement sneaks in through the back door. Here, defendant had spoken to police – in the presence of counsel – about the homicide in question. Three years later, he spoke to...
read moreA Particularized Review of Bill of Particulars
To understand the need for a bill of particulars it helps to first review the history of indictments in New York: In People v. Iannone, 45 N.Y. 2d 589 (1978) the Court of Appeals reviewed the history of the use and purpose of indictments. The right to be prosecuted by indictment is guaranteed by section 6 of article 1 of the NY State Constitution. No particular form is constitutionally mandated. The Court stated in...
read moreCourt of Appeals Refuses to Permit Vacatur of Plea where agreed upon sentence unlawfully severe
People v Backus, decided today, is one of those short Court of Appeals decisions which seem innocuous, but cryptic, until you read the decision below. The Court of Appeals held simply that the appellate division should be reversed and that the People were not permitted to move to vacate the plea, noting inter alia that the prosecution did not appeal.On review of the decision below, however, it looks important. Three Fourth Department judges had...
read moreAnother Exoneration After a False Confession In Monroe County
On Wednesday, April 28, 2010, two months after Freddie Peacock’s 1976 rape conviction was vacated in Monroe County because DNA evidence established Peacock’s innocence, the 1992 Monroe County murder conviction of Frank Sterling was vacated and the charge dismissed when DNA evidence and the confession of the real killer proved Mr. Sterling’s innocence. (For a detailed account of the Frank Sterling case see this article and this article) The court vacated Mr. Sterling’s conviction...
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