Can Contrary Verdicts For Co-Defendants Be Repugnant?
Although the answer to the question posed by the caption is “yes,” the Court in People v McLaurin, [4th Dept 4/25/2008]rejected a claim that that a verdict convicting a father of resisting arrest was repugnant to the jury’s acquittal of the son on that charge, where they had the same defense – that the son was not present. The Court explained that [A] conviction will be reversed [as repugnant] only in those instances where...
read moreIAC Claims Need To Be Preserved
The Court in People v Hall, 2008 NY Slip Op 03738 [4th Dept 4/25/2008], in rejecting a claim of ineffective assistance of counsel, held that To the extent that the contention of defendant that he was denied effective assistance of counsel survives his plea of guilty (see People v Burke, 256 AD2d 1244, lv denied 93 NY2d 851), we note that defendant failed to preserve that contention for our review (see People v Tantao,...
read moreAttack A Plea At Your Peril
In another reminder to counsel of the need to to be cautious in attacking a guilty plea, the Court, in People v Hinckley, 2008 NY Slip Op 03737 [4th Dept 4/25/08], in vacating one of two counts of a plea to CSCS in the third degree on finding that the defendant’s “plea with respect to that count falls within the narrow exception to the preservation requirement (see Lopez, 71 NY2d at 666)” held that...
read moreAttenuation: White, Paulman and Chapple
In People v Parker, 2008 NY Slip Op 03906 [4th Dept 4/25/2008] the Court found that despite a a period of custodial interrogation without Miranda warnings, during which the defendant repeatedly made admissions, the post-Miranda statement was attenuated The record establishes that, shortly after defendant was taken into police custody, he was questioned by a police officer and made admissions in response to those questions. Before he was transported to the police station, he...
read moreCourt Cites Decision in Douglas Warney’s Appeal In Affirming Conviction Despite Challenges to Confession and Claims of Misconduct
In rejecting the Defendant’s contention that he was deprived of a fair trial based on alleged misconduct by the prosecutor in cross-examining defendant’s witnesses, the Court, in People v Alexander, 2008 NY Slip Op 04163 [4th Dept 5/2/2008] held that Defendant’s contention with respect to three of the allegedly improper questions is not preserved for our review inasmuch as defendant made only general objections to those questions (see generally People v Pierre, 300 AD2d...
read moreClaim of Right Defense Should Have Been Charged
In People v Ace,2008 NY Slip Op 04162 [4th Dept 5/2/08], the Court reversed a larceny conviction in the interest of justice, holding that County Court erred in failing to charge the jury that his claim of right was a defense to the count of grand larceny, where Defendant testified at trial that he was instructed by one of the co-owners of the company that employed him to take the allegedly stolen rails to...
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