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Oct 11, 2022

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.

Oct 26, 2016

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 […]

Jun 3, 2015

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 […]

May 8, 2015

‘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 […]

Nov 26, 2014

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[...]

Nov 19, 2014

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[...]

Sep 10, 2014

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[...]

May 30, 2014

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 […]

Oct 22, 2013

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 […]

Dec 12, 2012

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 […]

Nov 8, 2012

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[...]

Sep 4, 2012

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 […]

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