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/.
Police Without Warrant Can’t Just Enter House And Arrest Occupant
In People v Forbes (2010 NY Slip Op 02349 [4th Dept 3/19/10] the Appellate Division, Fourth Department found that there was a violation of the well settled requirement that “police officers need either a warrant or probable cause plus exigent circumstances in order to make a lawful entry into a home” (Kirk v Louisiana, 536 US 635, 638; see Payton v New York, 445 US 573, 589-590): Where, as here, the People contend that...
read moreSORA and out-of-state convictions
Some times a state just wants to put up a giant “Keep Out” sign for sex offenders from other parts of the country. Anyone who has seen quotes from the debates knows that this was a clearly expressed desire of some supporters of the statute. Other times they are more sophisticated. Correction Law 168-g (1) made the Sex Offender Registration Act applicable to anyone in prison, on probation or on parole as of January...
read moreTen Simple Rules
The below are general rules, often subject to obscure exceptions, and if unusual factors warrant, even very good general advice is best ignored (hence the name). Still, there are things which are not news, but worth a reminder. 1 – In your opening statement don’t take on a burden, don’t offer or promise to prove things. 2 – You are entitled to know the precise contents of jury notes, so long as they bear...
read more710.30 Un-noticed statements and voluntariness
Please join me as we take a trip deep into the weeds. Fact – the People are required to serve a 710.30 notice when they intend to use statements of the defendant, which meet other criteria which will not be enumerated here. Fact – Sometimes the People do not serve a 710.30 notice as to some or all statements meeting those criteria. Fact – The Appellate Division, Fourth Department, has ruled that using such...
read moreWhat Will Be Done Regarding The Many People Illegally Resentenced To Post-Release Supervision?
In April, 2008 the Court of Appeals in People v Sparber (10 NY3d 457 [2008]), held that only a judge, and not prison or court clerks can impose Post Release Supervision [PRS], even when sentencing courts failed to pronounce PRS as required by law. New York reacted to this this holding by enacting Correction Law 601-d which purports to empower courts to re-sentence person to PRS, even after they have already served their complete...
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