Category: Trial Practice

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

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

New York Court of Appeals Takes Strict View on Preservation

—by David Katz In re New York City Asbestos Litigation (Konstantin v. Tishman Liquidating Corp.), 2016 N.Y. LEXIS 1765; 2016 NY Slip Op 05064 (N.Y. June 28, 2016), aff’g on other grounds 121 A.D.3d 230 (N.Y. App. Div. 2014). Abstract:

Posted in Appellate Practice, Civil Practice, Legal Pulse, Trial Practice