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8 Jun 2009, 11:15 am
It should not surprise anyone that in People v Durand (2009 NY Slip Op 04476 4th Dept 6/5/09) the Court held that under New York law it was error for the lower court to have considered "the counts of burglary in the third degree and petit larceny, of which defendant was acquitted, when imposing the sentences on the criminal trespass counts (see People v Reeder, 298 AD2d 468, lv denied 99 NY2d 538; see also People v Rogers, 56 AD3d 1173,… [read post]
10 Oct 2011, 4:39 am
Such was the case with Pat V. [read post]
2 May 2019, 3:10 pm
Heather’s Legal Summaries: R v Trinchi, 2019 ONCA 356 R v Trinchi is the most recent Ontario Court of Appeal decision in a string of cases related to the offence of voyeurism under s. 162(1) of the Criminal Code (see our previous post on the Supreme Court of Canada’s decision in R v Jarvis). [read post]
22 Nov 2009, 11:26 am
I guess he just wanted to exercise his fingers because you can be sure few people who need or care about the schedule are going to be going to Beyond Structured Settlements to make sure they arent' missing a critical deadline. [read post]
2 Oct 2010, 2:07 pm
As the Court held in People v Lyon, AD3d, 2010 NY Slip Op 06892 [10/01/10], where "a defendant's testimony conflicts with evidence precluded by a Sandoval ruling, "the defense opens the door' on the issue in question, and the [defendant] is properly subject to impeachment by the prosecution's use of the otherwise precluded evidence" (People v Fardan, 82 NY2d 638, 646; see People v Rodriguez, 85 NY2d 586, 591). [read post]
3 Jun 2012, 6:30 pm
Google GC Kent Walker: "People are treating patents like lottery tickets" Q: What does the Oracle v. [read post]
31 Jan 2012, 10:06 am
Even legal case books contain examples; who can forget the famous tort case, Eckert v. [read post]
30 Sep 2011, 4:53 pm
Even assuming, arguendo, that the court advised defendant of the scheduled trial date and warned him that the trial would proceed in his absence if he failed to appear (see generally People v Parker, 57 NY2d 136, 141), we conclude that the court failed to inquire into defendant’s absence and to recite “on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” (People v Brooks, 75 NY2d 898, 899, mot to amend… [read post]
30 Sep 2011, 4:53 pm
Even assuming, arguendo, that the court advised defendant of the scheduled trial date and warned him that the trial would proceed in his absence if he failed to appear (see generally People v Parker, 57 NY2d 136, 141), we conclude that the court failed to inquire into defendant’s absence and to recite “on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” (People v Brooks, 75 NY2d 898,… [read post]
Free PLI Webcast on Cross-Racial Eyewitness Identification Jury Instructions: New York v. Otis Boone
27 Mar 2018, 9:08 am
With the holding in New York v. [read post]
15 Feb 2015, 8:38 pm
In Zavalin v. [read post]
21 Oct 2011, 5:26 am
Taking its decision in People v. [read post]
14 Sep 2013, 11:28 am
Such misconduct may impair a defendant's due process rights and require a reversal of the conviction (see, e.g., People v Robertson, 12 NY2d 355; People v Savvides, 1 NY2d 554; People v Creasy, 236 NY 205; Napue v Illinois, 360 US 264; Alcorta v Texas, 355 US 28). [read post]
29 Apr 2014, 11:48 am
On Defining Ideas, Richard Epstein asks, "who has the final say on affirmative action in public institutions, the people or the courts? [read post]
20 Apr 2012, 12:00 am
No, just real people Opinions: pdf html [read post]
10 May 2022, 9:02 pm
Wade in Dobbs v. [read post]
20 Dec 2010, 9:45 am
It expresses both the aspirations of indigenous peoples around the world and those of States in seeking to improve their relations with indigenous peoples. [read post]
14 Jan 2011, 1:31 pm
The First District's recent decision in People v. [read post]
13 Feb 2008, 11:05 am
The appellees' brief in Riley v. [read post]
14 Apr 2011, 1:37 pm
(Eugene Volokh) The case is People v. [read post]
