Plea bargaining is recognized as an integral part of the criminal justice system. Both prosecution and defense can agree to resolve the case by a guilty plea. The agreement may take the form of a guilty plea to all of ...Read More »
A recurring theme in appellate decisions is that in evidentiary and discovery rulings, a trial judge should impose a sanction that is sufficient to rectify the harm but not more. This rationale surfaces with whether a mistrial should be declared ...Read More »
The public safety exception, also called the emergency doctrine, can arise with warrantless searches as well as obtaining statements from a defendant without Miranda warnings. Thus, it is an exception to the Fourth and Fifth amendments. Statements Police officers, principally ...Read More »
Evidence at trial may be offered for a limited purpose. With all evidence that is introduced restrictively, a “cautionary,” or “limiting instruction” is required, People v. Ricco, 56 NY2d 320 (1982). The instruction should be given twice: at the time ...Read More »
An attorney may be questioned under oath during a disciplinary proceeding. The attorney may also potentially be facing criminal charges. If the attorney testifies in one proceeding, can those statements be introduced in the other? The Fifth Amendment bars a ...Read More »
After conviction in superior court, the defense may wish to raise on appeal errors that occurred before indictment. Often these errors, while serious, are not reviewable on appeal. These include: • Not holding a preliminary hearing may only constitute harmless ...
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