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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]
18 Jul 2016, 8:30 am by Venkat Balasubramani
Furthermore, shutting down a communicate-by-text option may circumscribe information flows in ways we can’t anticipate or understand. [read post]
11 Jan 2012, 10:17 am
  Similar dynamics may well apply in criminal cases, thereby supporting a similar rule.But, at the same time, the criminal caseload is crushingly burdensome. [read post]
1 Apr 2010, 7:47 pm by Brian Shiffrin
A reminder: In 1986 the Court of Appeals held that a party seeking a missing witness instruction has the burden of making the request "as soon as practicable" (People v Gonzalez, 68 NY2d 424, 428 [1986]). [read post]
8 May 2024, 2:00 pm
Some people really like their guns, and some people really don't like any government involvement with them at all. [read post]
30 Jun 2015, 2:02 pm
But by then, it may be too late to gain any benefit from a sentencing reduction because they already will have served the time in question. [read post]
24 Aug 2015, 2:13 pm
"Nolan Pamintuan was engaged to marry Rowena Panelo on May 18, 1996. [read post]
16 Oct 2020, 1:19 pm
  Personally, I think Justice Slough may be right that this might have been a relatively tiny "detail" about which the jury may not have cared (or that the victim was simply "clarifying" at trial). [read post]
23 May 2014, 11:44 am by John Elwood
  The Justices may have their problems, but soon Ryan v. [read post]