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New York State Court of Appeals – Right to Counsel: People v. Carr/People v. Cates
New York State Court of Appeals – Right to Counsel – In Camera Interview of Witness – Defense not Present People v. Carr/People v. Cates Nos. 26 & 27 Judge Lippman Background: The primary issue presented is whether the court violated the defendants’ right to counsel by holding an in camera proceeding without […]
New York State Court of Appeals – Right to Counsel: People v. Johnson
New York State Court of Appeals – Right to Counsel – Continuing Representation Between Two Unrelated Crimes People v. Johnson No. 218 Judge Smith Background: The defendant, charged with one crime, sought to obtain leniency by providing information about a second, unrelated crime. The defendant was ultimately charged with committing the second crime, […]
Monroe County Court – Right to Counsel: People v. Rankin
Monroe County Court – Right to Counsel – Attachment – Assignment to Public Defender’s Office – ‘Miranda’ Waiver People v. Rankin 2013-1236 Judge DeMarco Background: The people gave notice of their intention to introduce statements that defendant made to the police. The defendant moved to suppress the statements as involuntarily made. At issue was […]
New York State Court of Appeals – Right to Counsel: People v. O’Daniel
New York State Court of Appeals – Right to Counsel – New Counsel’s Representation of Preparedness – Adjournment People v. O’Daniel No 161 Judge Pigott Background: The defendant was found guilty, after a jury trial, of a number of charges related to a sexual assault of a minor. The trial began after a number […]
New York State Court of Appeals – Right to Counsel: People v. McLean
New York State Court of Appeals – Right to Counsel – Prior Representation – Representation Ended People v. McLean No. 154 Judge Smith Background: The defendant had been previously prosecuted for robbery and represented by a part-time public defendant. The defendant offered to provide information about an unrelated murder in exchange for a lenient […]
Second Circuit — Right to Counsel: USA v. Reed
U.S. Court of Appeals for the Second Circuit Right to Counsel Lineup — Harmless Error USA v. Reed 13-359-cr(L) Judges Jacobs, Calabresi and Pooler Background: The appellants argued that their Sixth Amendment right to counsel was violated when he was placed in a lineup without the benefit of counsel, notwithstanding a grand jury vote of […]
States not keeping promise of ‘Gideon’
Americans accused of criminal offenses have a guaranteed right to counsel, yet many who cannot afford an attorney are literally left to their own defenses. In New York, the level of services varies widely with 120 plans for the state’s 62 counties, said Jonathan E. Gradess, executive director of the New York State Defenders Association, […]
Fourth Department — Right to Counsel: People v. McNamara
Appellate Division, Fourth Department Right to Counsel Presentence Interview People v. McNamara KA 12-00204 Appealed from Cayuga County Court Background: The defendant was convicted of possession of a forged instrument and drug sale. On appeal, he contended that his constitutional right to counsel was violated by the county probation department conducting an interview in his […]
Fourth Department — Right to Counsel: People v. Beard
Appellate Division, Fourth Department Right to Counsel Substitution of Attorney People v. Beard KA 10-01864 Appealed from Oneida County Court Background: The defendant was convicted by a jury of several counts of criminal sale, and criminal possession of a controlled substance. On appeal, he contended that County Court violated his right to counsel by summarily […]
Fourth Department — Advocate-Witness Rule: Jozefik v. Jozefik
Appellate Division, Fourth Department Advocate-Witness Rule Right to Counsel Jozefik v. Jozefik CA 10-01997 Appealed from Supreme Court, Monroe County Background: The plaintiff appealed from a judgment of divorce that awarded the defendant maintenance, child support and attorney’s fees. The plaintiff argued that he was deprived of his right to counsel of his own choosing […]
New rule on right to counsel retroactive
A defendant who pleaded guilty in 2006 could have his conviction overturned because his lawyer failed to advise him of the deportation consequences of his plea, Maryland’s highest court has ruled in reinstating an order granting a new trial. In 2010, the U.S. Supreme Court decided in Padilla v. Kentucky (130 S. Ct. 1473) that […]
Right to Counsel: Department of Social Services, Genesee County v. Jones
Appellate Division, Fourth Department Right to Counsel Waiver Department of Social Services, Genesee County v. Jones CAF 10-02365 Appealed from Family Court, Genesee County Background: The respondent father appealed from an order that confirmed a Support Magistrate’s determination that he willfully failed to obey an order of Family Court and sentenced him to six months […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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