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Is People v Ventimiglia Still Good Law?

Posted by on September 25, 2008 in Blog | 0 comments

n a number of recent decisions the Fourth Department has approved the admission of uncharged crime evidence despite the failure of the People to first obtain a pretrial Ventimiglia (52 NY2d 350) ruling. Most recently, in People v Maclean, 2008 NY Slip Op 01188 [4th Dept 2/1/08] the Court held that We reject the contention of defendant that he was deprived of a fair trial when the court allowed the People to elicit evidence...

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AD4th: Decisions Issued 2/1/2008

Posted by on September 25, 2008 in Blog | 0 comments

People v Whyte 2008 NY Slip Op 00740 Contrary to the contention of defendant, County Court properly refused to suppress evidence allegedly obtained as a result of a violation of his physician-patient privilege. Indeed, “even if there was a violation of the physician-patient privilege, the suppression of the evidence found as a result is not required” (People v Greene, 9 NY3d 277, 280). The court also properly refused to suppress statements that defendant made...

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AD4th: Decisions Issued 12/21/2007

Posted by on September 25, 2008 in Blog | 0 comments

People v Gause [2007 NY Slip Op 10193] [available here] Mr. Gause was charged with intentional and depraved indifference murder. County Court instructed the jury to consider either count first and, if it reached a verdict of guilty on that count, it was not to consider the remaining count. The jury considered [the depraved indifference count first, found defendant guilty, and did not reach the intentional murder count. Although the issue was not preserved,...

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AD4th: Decisions Issued 11/23/2007

Posted by on September 25, 2008 in Blog | 0 comments

People v Cruz, 2007 NY Slip Op 09282 [Available Here] At defendant’s first trial, which ended in a mistrial, defense counsel unsuccessfully raised a Bruton violation objection (see Bruton v United States, 391 US 123, 135-137) to the admission of prejudicial statements by a non-testifying co-defendant. At defendant’s second trial these statements were admitted without objection. On appeal the defendant argued that it was error to allow the admission of these statements. The Court...

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Disorderly Conduct Requires More Than Inconvenience of Pedestrians

Posted by on September 25, 2008 in Blog | 0 comments

From Jim Eckert: The Court of Appeals ruled last week on the sufficiency of an information charging Disorderly Conduct (standing on the sidewalk) and resisting arrest. In People v Jones, __ NY3d __ [11/20/17] the court reaffirmed that an information has to allege sufficient facts to make out a prima facie case. The allegation which was held to be insufficient was: he observed defendant along with a number of other individuals standing around at...

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