Which Came First, the Chicken, the Egg, the Search or the Arrest?
by Jill Paperno, Esq., author of Representing the Accused:A Practical Guide to Criminal Defense When you are handling probable cause hearings in which you are seeking to suppress evidence obtained as a result of a search, you must be acutely aware of the claimed (or potentially claimed) reason for any search, the timing of the arrest and the timing of the search. If a search is justified as “incident to arrest” you should attempt to elicit...
read moreCommencement of Counsel Upon Requests on Behalf of Indigents Being Questioned by Police
by Jill Paperno, Esq., author of Representing the Accused: A Practical Guide to Criminal Defense And justice for all! During a week when many of us are questioning the criminal justice system’s handling of cases, I wanted to share one case reflecting that our continued struggle to eliminate disparities in how defendants are treated can pay off. In People v. Rankin, a case in which Judge John DeMarco presided in Monroe County Court, Rochester...
read moreWhat does a Mandate and Remand for Re-Sentencing from the Second Circuit really mean?
It happens occasionally. The U.S. Second Circuit Court of Appeals issues a Summary Order affirming the judgment of conviction and remanding the matter for re-sentencing only. In the USA v. Dawn White, 13-1041-cr, the Circuit provided the following, REMAND for re-sentencing only, “with directions to the District Court either to make specific findings to support the enhancement under U.S.S.G§2B1.1(b)(11)(C)(I) or to sentence White without regard to that enhancement.” What’s the analysis? First, when there...
read moreWhat Constitutes Reasonable Suspicion In the Context of an Anonymous Tip
byJames Eckert, Esq.Assistant Monroe County Public Defender In People v Argryris ( _NY3d_, 2014 NY Slip Op 08220, 2014 WL 6633480 [11/25/14]), the Court of Appeals rendered a simple four-judge Memorandum decision on the issue of what constitutes reasonable suspicion in the context of an anonymous tip. Unfortunately, the memorandum fails to answer the question. The Memorandum simply says that because (in the first two of the three consolidated appeals) there is record support...
read moreExamining 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 §140.25[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...
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