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23 Mar 2010, 7:50 pm by Brian Shiffrin
" The Court explained that It is well settled that showup identifications are generally disfavored because they are inherently suggestive by nature, but they nevertheless are not "presumptively infirm" (People v Duuvon, 77 NY2d 541, 543; see People v Ortiz, 90 NY2d 533, 537). [read post]
2 Oct 2010, 5:40 pm by Brian Shiffrin
The two latest such reversal are the decisions of the Appellate, Division, Fourth Department in People v Rush, 2010 NY Slip Op 06911 [4th Dept 10/01/10]) and People v Pett, 2010 NY Slip Op 06826 [4th Dept 10/01/10]).Thus, appellate attorneys may want to consider this issue when looking for issues to raise. [read post]
25 Aug 2016, 10:36 am
I think this line from today's opinion by Judge Kleinfeld is even funnier when read in isolation.He's describing the "normal" liberties that "regular" people have (as opposed to, say, people on probation). [read post]
12 Nov 2019, 3:27 pm
  And not even a tax case that affects a huge number of "regular" people:  It's about a Ninth Circuit opinion last year that upheld a Tax Court ruling that related entities must share the cost of their employee stock compensation. [read post]
5 Dec 2016, 1:35 pm
But some “promising” young people—Charles Whitman, Timothy McVeigh, and James Holmes, to name a few from a tragically long list—take the next step, leading to horrific consequences. [read post]
5 Jan 2015, 11:29 am
As a practical matter, however, the state's clearly going to have someone -- probably many people -- testify that the patient is still crazy and represents a danger to others. [read post]
30 Jun 2009, 1:28 pm
Last month,in People v Weaver (5/12/09)(discussed here, the Court of Appeals held that the New York Constitution requires that a warrant issued upon probable cause be issued before the police can monitor someone's whereabouts by surreptitiously attaching an electronic device (GPS) to that person's automobile. [read post]
27 Jun 2012, 8:11 am by Brian Shiffrin
In that respect, this case is more analogous to our holding in People v Johnson (14 NY3d 483 [2010]). [read post]
20 Feb 2009, 5:46 am by Thomas Swartz
"The Court of Appeals answered an aspect of this question yesterday in People v Guerrero , 2009 NY Slip Op 01242.The defendant pleaded guilty to murder in the second in exchange for a sentence of 19 years to life. [read post]