Blog

People v Catu does not apply retroactively

Posted by on 5:53 pm in Blog | 0 comments

Early last week the Court of Appeals reversed a decision of the First Department which held that the rule of law announced in People v Catu applies retroactively to pre-Catu convictions (People v Smith, 132 AD3d 511 [1st Dept 2015]) — a decision I had labeled a “huge success for the criminal defense bar” in an October blog post. In People v Catu, the New York Court of Appeals held that the court must advise a defendant...

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People v Smith, from the Court of Appeals yesterday

Posted by on 11:57 am in Blog | 0 comments

by Jill Paperno, First Assistant Public Defender and author of  Representing the Accused: A Practical Guide to Criminal Defense Among some of yesterday’s disappointing Court of Appeals decisions there is one that can be useful to us – People v. Smith, et. al.  The Court recognized that police officers may be cross-examined about their tortious conduct in other situations, as described below.  Sadly, although the Court recognized error on the part of the trial...

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Trial Objections Checklist

Posted by on 11:54 am in Blog | 0 comments

Attached below is a checklist of trial objections prepared by Jill Paperno, First Assistant Public Defender and author of Representing the Accused: A Practical Guide to Criminal Defense   Trial Objections...

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Door Opening

Posted by on 1:44 am in Blog | 0 comments

by Jill Paperno, author of Representing the Accused: A Practical Guide to Criminal Defense “Knock, knock.” “Who’s there?” As defense attorneys we often face (and dread) the claim that we have somehow “opened the door” to previously excluded evidence during a hearing or trial. Sometimes we recognize we did it inadvertently as testimony begins in response to a question.  Sometimes the hungry grin of opposing counsel tips us off.  Sometimes we are blindsided by...

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Challenging the Use of Recorded Conversations of Pretrial Detainees

Posted by on 1:24 am in Blog | 0 comments

Sometimes an appellate decision rejecting the arguments raised on appeal provides a blueprint as to how similar claims can be raised in a manner that may be more likely to succeed. One such decision is that of the Court of Appeals in People v Johnson  (_ NY3d _ , 2016 NY Slip Op 02552 [4/5/16]), in which the Court rejected a defendant’s claim that the People’s use at his criminal trial of excerpts from...

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Gun Court – proposed voluntary discovery agreement

Posted by on 6:03 pm in Blog | 2 comments

As correctly noted by my good pal Anonymous, I neglected to post the Gun Court voluntary discovery agreement – here it is:  VOLUNTARY DISCLOSURE AGREEMENT  CR # ________________  It is hereby agreed between the parties to the above-entitled action:  1. For those criminal cases referred to the Monroe County Gun Crimes Part, the District Attorney of Monroe County will, as soon as practicable, provide pre-indictment discovery to the defendant’s attorney of record, for the...

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