Not so Swift
The decision in People v Sammy L. Swift (2009 NY Slip Op 07009 [4th Dept 10/2/09]) is a short one, and you really have to read it all to appreciate it, so here goes: It is hereby ORDERED that the order so appealed from is unanimously reversed on the law, the motion is denied and the judgment of conviction is reinstated. Memorandum: On a prior appeal, we affirmed a judgment convicting defendant upon a...
read morePenal Law 70.10(1)(c): clarity takes a holiday
To qualify for an enhanced sentence as a persistent felony offender, a defendant must have been previously convicted of two or more felonies. Determining whether one has been previously convicted of two or more felonies sounds simple, right? Snatching obtuseness from the jaws of clarity, the Legislature has given us Penal Law 70.10(1)(c), which provides that: “For the purpose of determining whether a person has two or more previous felony convictions, two or more...
read moreTime running out; exercising the right to testify before the grand jury
If, as in our jurisdiction, the District Attorney opts for a lickety-split indictment procedure in order to avoid being required to proceed with preliminary hearings, defendants’ rights to testify before the grand jury may be compromised. On the other hand, there is an apparent anomaly in CPL Article 190 that may be employed to protect the defendant’s right to testify. The scenario goes something like this: Defendant is arraigned on a felony in local...
read morePlain logic loses again.
Where the appellate court finds the sentence imposed to have been illegal and remits for vacatur or resentence, who gets to pick which relief is imposed? In People v Maliszewski (2009 NY Slip Op 6376, decided Sept 3, 2009), the Court of Appeals held that it was the sentencing court, not the defendant. In 2006, County Court agreed that it would sentence Mr. Maliszewski to 2 to 4 years upon his conviction for burglary,...
read moreBrian Shiffrin wins the Nathaniel Award, joins Easton Thompson Kasperek Shiffrin LLP
Congratulations to our friend and colleague Brian Shiffrin, the 2008 Nathaniel Award recipient. The Nathaniel Award recognizes and rewards an attorney’s significant contribution to the administration of justice, above and beyond the daily responsibilities of his job. This year Brian retires from the Monroe County Public Defender’s Office following a long and distinguished career of service to the advancement of justice and the indigent litigants in Monroe County. Brian has served as the attorney...
read more
