In People v Williams, the New York Court of Appeals examined how New York’s speedy trial statute applies when the prosecution files a statement of readiness along with a certification that all counts in an accusatory instrument are facially sufficient. Under Criminal Procedure Law § 30.30 (5-a), the prosecution must…
A criminal defendant has the right to a verdict reached by jurors who can decide the case without bias. When a court receives information that a juror may have acted with racial bias during deliberations, the court must respond with care. The judge must protect the defendant’s right to an…
In People v. Moss, the New York Court of Appeals considered how a prior sex crime conviction affected classification under the Sex Offender Registration Act, often called SORA. The case focused on one of the Guidelines overrides that can automatically raise a person’s presumptive risk level. The issue was whether…
(People v W, NY Slip Op 07926) The court states that pursuant to PL170.10 a sporting event ticket carries with it a legal right, obligation, interest or status. Therefore, the defendant can be prosecuted pursuant to PL 170.25. The defendant was accused of selling counterfeit tickets and was charged with…
People v. M., NY Slip Op 07924 The court held that the order of the Appellate Court should be confirmed. The defendant claims that his plea of guilty was involuntary. He argued that the indictment must be dismissed because the People didn’t notify the grand jury that the defendant wished to…
(People v C, NY Slip Op 06849) The right to self-representation is an important part of being an American (People v. McIntyre 36 NY2d 10, 14 [1974]. This is a right that is guaranteed by the U.S. Constitution and New York State law (Fraretta v CA 422 US 806 [1975],…
People v O.X. The court held that the Appellate Order should be affirmed in this case. The question of this case is whether a 4th amendment consent to search a premises is a question of law or fact (People v. McFarlane 21 NY 3d 1034). The court said that the…
People v. S New York Slip Op. 02286 April 3, 2018 There are two issues to address in this case. The defendant argues that he was denied the right to represent himself in court when he asked to do so. He also argues that he was denied his right to…
#6179 April 3, 2018 A judgment was originally entered against the defendant on May 31, 2017, convicting him of the charge of aggravated cruelty to animals, including torturing animals. He was sentenced to 2 years in prison, which was unanimously affirmed. The defendant brought a legal sufficiency claim which the…
Unlawful Imprisonment in the First (NY Penal Law 135.10) and Second (NY Penal Law 135.05) Degrees: False imprisonment is the unlawful restraint of a person against her will by someone without legal authority or justification. For example, an armed bank robber yells at the customers to get down on the…