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10 Feb 2011, 5:36 pm by Brian Shiffrin
We therefore conclude, based upon the record before us, that " a hearing should be held to promote justice [because] the issues raised by the motion are sufficiently unusual and suggest searching investigation' " (People v Ausserau, 77 AD2d 152, 155, quoting People v Crimmins, 38 NY2d 407, 416; see People v Kearney, 78 AD3d 1329; People v Nicholson, 222 AD2d 1055, 1057). [read post]
4 Dec 2019, 6:00 am by Kevin Kaufman
One notable consequence of high state cigarette excise tax rates has been increased smuggling as people procure discounted packs from low-tax states and sell them in high-tax states. [read post]
10 Feb 2011, 4:42 pm by Brian Shiffrin
Both the United States Supreme Court and the New York Court of Appeals have held that once a defendant chooses to be represented by counsel, counsel and not the defendant has control over most strategic decisions are made by the attorney and not the defendant (Jones v Barnes, 463 US 745, 751 [1983]; People v White, 73 NY2d 468, 478 [1989]). [read post]
15 May 2012, 10:59 am
"  Whether the blank is filled in by an out-of-state case, a law review article, or a case that's now up in the California Supreme Court.Similarly, I can understand why a trial court might refer to those arguments as shorthand by referring to the now-unpublished case. [read post]
22 Oct 2013, 6:59 pm by Brian Shiffrin
 The Court of Appeals, in People v Clermont (2013 NY Slip Op 06806 [10/22/13]) the defense suppression motion said defendant had been stopped due to an MVA when no car was involved. [read post]