Category: Criminal Law

U.S. Supreme Court Limits Police Officer Liability

–by Kim Newton Sources: White v. Pauly, 137 S. Ct. 548 (2017); U.S. Const. amend. IV Abstract: On January 9, 2017 the Supreme Court unanimously held that an officer’s failure to shout a warning before firing a gunshot in an

Posted in Constitutional Law, Criminal Law, Legal Pulse

New York Court of Appeals Holds That Skin Color Is a Cognizable Class Under Batson Analysis

–by Robert Carpenter Citation: People v. Bridgeforth, 2016 N.Y. Lexis 3859 (Dec. 22, 2016) (internal citations omitted). Abstract: In a matter of first impression, the New York Court of Appeals held that skin color was a cognizable class for Batson

Posted in Constitutional Law, Criminal Law, Legal Pulse, Trial Practice

Fourth Amendment Further Whittled Away by Utah v. Strieff

–by Jordan Charnetsky Source: Utah v. Strieff, 136 S. Ct. 2056 (2016); Brown v. Illinois, 422 U.S. 590 (1975). Abstract: On June 20, 2016, the United States Supreme Court ruled that evidence obtained after an unlawful stop was admissible where,

Posted in Constitutional Law, Criminal Law, Legal Pulse

Arkansas Prosecutor and Amazon at War Over Release of Device’s Data Recordings; Consumer Privacy Rights in Question

–by Samantha Pallini Sources: http://www.cnbc.com/2016/03/29/apple-vs-fbi-all-you-need-to-know.html; http://www.nbcnews.com/news/other/government-can-grab-cell-phone-location-records-without-warrant-appeals-f6C10803204; http://www.cnn.com/2016/12/28/tech/amazon-echo-alexa-bentonville-arkansas-murder-case-trnd/; http://fox40.com/2016/12/28/amazon-echo-may-be-the-key-to-solving-a-murder-case/; https://epic.org/privacy/internet/ftc/EPIC-Letter-FTC-AG-Always-On.pdf Abstract: An Arkansas prosecutor believes that a murder suspect’s Amazon Echo data recordings could be used as evidence in the case. However, Amazon continues to refuse to comply with requests for the data. *** “Alexa, how

Posted in Criminal Law, Evidence, Internet Law, Legal Pulse

Survey: 2015 Criminal Law

Survey of New York Criminal Law for 2014–2015. View Full PDF David E. Zukher is an attorney admitted to practice law in New York and North Carolina. Mr. Zukher is the Managing Partner of Weisberg & Zukher, PLLC, a private practice firm

Posted in Criminal Law, Survey of New York Law

New York Court of Appeals Holds Denial of Coordination Test Due to Language Barrier Not a Violation of Equal Protection and Due Process Rights

–by Sofia Rezvani Citation: People v. Aviles, 2016 N.Y. LEXIS 3573 (Nov. 22, 2016). Abstract: The NYPD does not administer coordination tests when a language barrier prevents an officer from communicating the test instructions to a non-English speaking suspect. Defendant Aviles

Posted in Constitutional Law, Criminal Law, Legal Pulse

Bill Introduced to Prevent Sex Offenders from Playing Virtual Reality Games

—by Will Kilgore Sources: S.B. 8174, 238th S. Sess., 2015–2016 Reg. Sess. (N.Y. 2016); N.Y. Penal Law § 65.10 (McKinney 2016). Abstract: New York Senator Jeffrey Klein introduced Senate Bill 8174 to prohibit sex offenders from accessing augmented reality games,

Posted in Criminal Law, Legal Pulse

California Passes Bill to Protect Sexual Assault Victims

—by Astrid Quiñones Source: Sex Crimes: Mandatory Prison Sentence, California, Assembly Bill No. 2888, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB2888 Abstract: In response to the Brock Turner case, California enacted legislation to disallow probation and provide a mandatory minimum three-year sentence for defendants convicted of

Posted in Criminal Law, Legal Pulse

In Jail? Be Careful What You Say on the Phone, It May be Used Against You in Court

—by D.J. Nugent People v. Johnson, No. 37, 2016 N.Y. LEXIS 752 (N.Y. Apr. 5, 2016). Abstract: The Court of Appeals upheld a New York City regulation that permits prisons, such as Rikers Island, to monitor and record inmates’ non-privileged

Posted in Constitutional Law, Criminal Law, Evidence, Legal Pulse

Survey: 2014 Criminal Law

Survey of New York Criminal law for 2013–2014. View Full PDF Jason Hoge is currently a Practitioner-in-Residence with the Office of Clinical Legal Education at Syracuse University College of Law, where he supports primarily the Criminal Defense Clinic. He previously represented

Posted in Criminal Law, Survey of New York Law