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/.
Examining the law of police-citizen encounters in New York
As our country considers the nature of civilian/police interaction our bloggers will be taking a look at how New York laws regulate – or are supposed to regulate – that interaction. How may the police interfere with a citizen’s right to be free from unreasonable searches or seizures? What information must the police have before they can lawfully stop, frisk or arrest a citizen? The first post in this series (below) addresses some...
read moreIs 24 hours reasonable notice of the Grand Jury presentment under CPL 190.50?
In People v. Misaiah Hymes, Case No. 1247; KA 10-01590 decided November 21, 2014 by the 4th Department, the defendant appealed from a judgment convicting him upon a jury verdict of burglary in the second degree (Penal Law ยง140.25[2]). The 4th Department agreed with defendant that County Court erred in denying his motion to dismiss the indictment pursuant to CPL 210.20 (1) (c) because he was denied his right to testify before the grand...
read moreImportant Decision on Interrogation of Suspects with Low IQs – Providing Guidance to Courts and Counsel
by Jill Paperno, Esq. author of Representing the Accused: A Practical Guide to Criminal Defense All too often, we represent defendants who are intellectually limited, due to genetic or birth defects, lead poisoning, traumatic brain injury or other causes. We struggle to persuade prosecutors and judges that these disabilities should be considered during plea negotiations. But sometimes we fail to recognize the effect that mental disabilities may have on a defendant’s ability to understand Miranda warnings,...
read moreAs we wait . . .
The result of the Ferguson, MO grand jury investigation into the shooting death of Michael Brown is scheduled to be announced any time now (authorities indicated that the results could be made public as early as yesterday). No one but the grand jury knows what that result will be. That would not be the case, were the situation reversed. If a black man in Ferguson had shot a police officer (who, unlike Michael Brown,...
read morePhysical Helplessness, Mental Incapacity and the Difference Between the Two
by Jill Paperno, Esq. Author of Representing the Accused: A Practical Guide to Criminal Defense Sometimes our clients are charged with engaging in sexual contact with complainants who are old enough to consent, but claim that based on their mental or physical condition, they could not. The penal law provides for prosecution if a complainant is physically helpless ormentally incapacitated. The distinction between a complainant who is physically helpless and one who is mentally incapacitated. is...
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