Category: Evidence

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 Evidence Law

Survey of New York Evidence law for 2014–2015. View Full PDF Patricia A. Lynn-Ford, Esq., Partner in the Lynn Law Firm, L.L.P. in Syracuse, New York, has been representing injured persons and their families in courts throughout New York State for over

Posted in Evidence, Survey of New York Law

Man’s Sexual Tendencies Properly Admitted to Jury

–by Darian Niforatos Citations: People v. Brewer, 2016 N.Y. LEXIS 3495 (2016); People v. Molineux, 61 N.E. 286 (N.Y. 1901). Abstract: The issue surrounding this case was whether the trial court erred in allowing the People to submit evidence of the

Posted in Evidence, Legal Pulse, Trial Practice

Prosecutors Can Impeach with Inconsistent Statements to Police

–by Emily Keable Citations: People v. Chery, 2016 N.Y. Lexis 3459 (2016); People v. Savage, 409 N.E.2d 858 (N.Y. 1980). Abstract: When a defendant’s initial statements to the police differ from the testimony the defendant provides at trial, the prosecution is

Posted in Evidence, Legal Pulse, Trial Practice

Justice Department Rejects Forensic Science Recommendations; Critics Disapprove

—by Jennifer Pratt Abstract: Attorney General Loretta Lynch opted not to adopt any recommendations set forth in a report to the President about the unreliability of scientific testing in court settings.  Critics fear this may lead to increased numbers of

Posted in Evidence, 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

New York Court of Appeals Holds “Symptom Threshold” Methodology Is Inadmissible, But Cites “Odor Threshold” Methodology With Approval

—by David M. Katz Sean R. v. BMW of N. Am., LLC, 48 N.E.3d 937 (N.Y. 2016). Abstract: The New York Court of Appeals recently decided that the basis for an expert opinion on the specific concentration of a chemical

Posted in Evidence, Health Law, Legal Pulse, Tort Law

People v. Allen

This appeal addresses whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. The appellant/defendant, Terrell Allen (“defendant”), was charged with one count of second-degree

Posted in Article Archive, Court Watch, Criminal Law, Evidence, New York Court of Appeals

People v. Johnson

This appeal addresses whether a defendant’s right to counsel has been violated when he attempts to gain leniency for one crime by discussing another crime and ultimately incriminates himself for the other crime in a meeting where his attorney was

Posted in Article Archive, Constitutional Law, Court Watch, Criminal Law, Evidence, New York Court of Appeals

LM Bus. Assocs., Inc. v. State of New York

The State Insurance Fund, the State Police, and the Workers’ Compensation board investigated Mark Boerman for fraudulent activities. During the investigation, the State Police were granted a search warrant and searched the claimants’ offices on April 5, 2001. During execution

Posted in Appellate Division, 4th Judicial Department, Article Archive, Constitutional Law, Court Watch, Criminal Law, Evidence