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Gun conviction overturned, police statements suppressed
A New York appeals court has reversed a weapon conviction and granted a defense motion to suppress statements made to police.
Court of Appeals denies ‘bold request’
The New York state Court of Appeals has denied the “bold request” of a defense lawyer who sought a new rule to keep prosecutors from using all post-Miranda statements from defendants. “The rule proposed by defendant would render inadmissible for impeachment purposes any statement elicited by law enforcement after the defendant invokes the right […]
NYSBA changes leadership
David P. Miranda, a partner at the Albany intellectual property law firm of Heslin Rothenberg Farley & Mesiti, is the 118th president of the New York State Bar Association, as of Monday. Miranda succeeds Glenn Lau-Kee of New York City (Kee & Lau-Kee) as head of the 74,000-member Association, which has members in all 50 […]
‘Miranda’ issue unpreserved in forgery case
A question of whether police were required to advise a Syracuse defendant of his right to remain silent at a second interview with police three weeks after his arrest on forgery and larceny charges remains unanswered. The Court of Appeals, in a decision issued Tuesday, found Clifford Graham, 31, did not preserve for its review […]
New York State Court of Appeals – ‘Miranda’: People v. Hill
New York State Court of Appeals – ‘Miranda’ – Post-‘Miranda’ Silence – Absent Unusual Circumstances People v. Hill No. 194 Memorandum Background: At issue is whether the defendant’s silence post-Miranda opened the door to use his silence at trial. Ruling: The Court of Appeals reversed. The court noted that the absent “unusual circumstances,” [&hell[...]
New York State Court of Appeals – ‘Miranda’: People v. Lloyd-Douglas; People v. Dunbar
New York State Court of Appeals – ‘Miranda’ – Preamble – Pre-Arraignment Interview People v. Lloyd-Douglas; People v. Dunbar Nos. 170; 169 Judge Read Background: At issue is a pre-arraignment interview program launched in conjunction with an initiative to videotape interrogations. The interview was to be conducted by two attorneys from the district attorney’s [&h[...]
Second Circuit — ‘Miranda’ – Confession: United States v. Gonzalez
U.S. Court of Appeals for the Second Circuit ‘Miranda’ – Confession Speedy Presentment – Six-hour Safe Harbor Provision United States v. Gonzalez 12-2403-cr Judges Katzmann, Winter and Calabresi Background: The defendant was convicted on four counts of intentional murder while engaged in a narcotics-related trafficking crime involving at least five kilograms of cocaine. On appeal, [&hellip[...]
Second Circuit — ‘Miranda’: USA v. Medunjanin
U.S. Court of Appeals for the Second Circuit ‘Miranda’ Right to Counsel — Pre-Custody Invocation USA v. Medunjanin 2-4724 Judges Kearse, Wesley and Droney Background: The defendant appealed from his conviction of terrorism-related crimes involving a conspiratorial plan at the behest of al-Qaida, to carry out coordinated suicide bombings in the New York City subway […]
Court upholds ‘Miranda’ emergency waiver
A murder conviction will stand against a Genesee County man denied an attorney and questioned under the “emergency doctrine.” The Court of Appeals has found police were justified under the emergency doctrine to question Scott F. Doll, 51, before reading him his rights; that his lack of a reasonable explanation for fresh blood on his […]
Second Circuit — ‘Miranda’: United States v. Ferguson
U.S. Court of Appeals for the Second Circuit ‘Miranda’ Public Safety Exception United States v. Ferguson 11-3806-cr Judges Leval, Cabranes and Katzmann Background: The defendant appealed from a judgment of conviction after a one-day bench trial. He admitted to possessing a weapon that he had discharged following threats made by a group of women. The […]
WDNY — ‘Miranda’: U.S. v. Sinclair
U.S. District Court, WDNY ‘Miranda’ Photo Identification U.S. v. Sinclair 10-cr-6211L Judge Payson Background: The defendant had been charged with the conspiracy to possess with intent to distribute and to distribute one hundred or more kilograms of marijuana. The defendant moved to suppress physical evidence, statements he made, and two photographic identifications. Ruling: The magistrate [&h[...]
Second Circuit — ‘Miranda’: Hawthorne v. Schneiderman
U.S. Court of Appeals for the Second Circuit ‘Miranda’ Waiver Hawthorne v. Schneiderman 10-4324-pr Judges Calabresi, Cabranes and Lohier Background: The petitioner appealed from a judgment denying his petition for a writ of habeas corpus. The petitioner had been incarcerated for the criminal possession of a weapon and assault. The petitioner challenged the admissibility of […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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