The four Appellate Divisions have revised their rules, issuing joint rules. These are effective Sept. 17, 2018. A number of rule changes, such as digital copies, are inapplicable to criminal appeals. However, many changes will directly affect the practice of ...

Tagged with: Criminal Law Gary Muldoon

What should happen when the jury comes back with questions during deliberations? The trial judge is required to take several steps to notify the parties and respond to the jury. Failure to comply with the statute will implicate the holding ...

Tagged with: Criminal Law Gary Muldoon

Both the prosecution and defense are entitled by statute to a certain number of peremptory challenges. This depends on the highest offense level contained in the accusatory instrument: with class A felonies, for example, 10 challenges; for misdemeanors, three challenges. ...

Tagged with: Criminal Law Gary Muldoon

Where restitution — called “the sum necessary to compensate the victim for out-of-pocket losses,” People v. Tzitzikalakis, 8 NY3d 217 (2007) — is required in a criminal case, there are ways in which the overall cost to the defendant can ...

Tagged with: Criminal Law Gary Muldoon

The Criminal Procedure Law sets forth the number of peremptory challenges that each side is allowed in a criminal trial, which depends on the offense level charged: the higher the crime, the more challenges that are permitted. For example, with ...

Tagged with: Criminal Law Gary Muldoon

“If I had eight hours to chop down a tree, I’d spend six hours sharpening my ax.” A. Lincoln At the start of a trial, the judge and attorneys may need to address a number of “housekeeping” tasks, as well ...

Tagged with: Criminal Law Gary Muldoon

The defense may raise various motions against a grand jury presentation. CPL 210.35. One of these is that the grand jury proceeding fails to conform to statutory requirements “to such a degree that the integrity thereof is impaired and prejudice ...

Tagged with: Criminal Law

One common sentencing alternative is to impose a term of probation. In the past, where probation sentence was imposed, the length was set: 1 year for a class B misdemeanor, 3 years for a class A misdemeanor, and for a ...

Tagged with: Criminal Law Gary Muldoon

When a person is cited for violating the Vehicle & Traffic Law, the usual accusatory instrument is a “simplified traffic information” — a traffic ticket, in common parlance. Along with a supporting deposition (filed either at the same time, or ...

Tagged with: Criminal Law Gary Muldoon

A defendant has a Sixth Amendment right to effective assistance of counsel. In assessing effective assistance, a series of decisions have noted the effect of changes in the law. The decisions have found that counsel’s level of advocacy is to ...

Tagged with: Criminal Law Gary Muldoon

In criminal law, certain fundamental rights are reserved to the defendant personally, while most other decisions are to be made by defense counsel. What is the proper extent of a defendant’s involvement in those other decisions?   Once a lawyer ...

Tagged with: Criminal Law Gary Muldoon

The “move over” law is set forth in Vehicle & Traffic Law § 1144-a. It regulates the conduct of vehicles where there is an emergency or hazard vehicle on the side of the road. However, the statute is limited in ...

Tagged with: Criminal Law Gary Muldoon