Retained Counsel Cannot Withdraw Simply Because of Non-Payment
People v Woodring 2008 NY Slip Op 01234 [2/8/08] Contrary to defendant’s contention, the court did not improvidently exercise its discretion in denying trial counsel’s motion to withdraw as defendant’s attorney. In support of the motion to withdraw, defendant’s attorney stated that defendant had not been returning his telephone calls and had refused to accept several plea offers, and he stated that defendant’s family had “exhausted” their financial resources and could no longer afford...
read moreThe Right To Present Evidence of Threats by Complainant is Limited
In People v Valentine 2008 NY Slip Op 01231 [2/8/08] the Court affirmed holdings restricting the ability of a defendant to have a jury consider evidence of the complainant’s hostility towards the defendant We reject the contention of defendant that the court violated his constitutional right of confrontation by refusing to admit in evidence a tape recording of threats made against him by his ex-wife. “[T]he extent to which an examination may be pursued...
read moreThe Initial Aggressor and the Use of Deadly Physical Force
There may be circumstances in which a defendant is the initial aggressor and can still justifiably respond with deadly physical force. In People v Mc Williams 2008 NY Slip Op 01229 [2/8/08] the Court that …[W]here there is a reasonable view of the evidence that the defendant initiates nondeadly offensive force and is met with deadly physical force, the defendant may be justified in the use of defensive deadly physical force and that, in...
read moreIs People v Ventimiglia Still Good Law?
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...
read moreAD4th: Decisions Issued 2/1/2008
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...
read moreAD4th: Decisions Issued 12/21/2007
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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