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February/1/2013

Criminal Law Update

CRIMINAL LAW UPDATE  
By: Lee C. Kindlon
Kindlon Shanks & Associates
 LKindlon@Kindlon.com

(From the February 2013 Newsletter) On January 15, 2013, Governor Andrew Cuomo signed into law the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013

(From the January 2013 Newsletter)  Federal court cases, a decision from the Second Circuit Court of Appeals upholding the suppression of contraband -- US v. Murphy, decided December 4, 2012.

(From the Nov/Dec 2012 Newsletter) People v. Cal Harris, dated October 18, 2012 (Mr. Harris, originally convicted of the murder of his wife, had the verdict set aside by the trial court in 2007; that order was affirmed on appeal in 2008). and People v. Anthony Harden, decided October 18, 2012 (the Third Department set aside the defendant’s trial verdict for three counts of Assault in the first degree because he was wrongfully denied his right to testify on his own behalf)

(From the October 2011 Newsletter) Appellate Process: What can you do if you discover new evidence in a case after a conviction that could have altered the outcome? There are several cases where CPL 440.10 motions have been granted based on new evidence which materially attacks the credibility of key prosecution witnesses or the theory of the prosecution, or materially supports the theory of the defense: People v. Jackson, 29 A.D.3d 328 (1st Dep’t. 2006); People v. Harris, 55 A.D.3d 958 (3rd Dep’t. 2008); People v. Lackey, 48 A.D.3d 982 (3rd Dep’t. 2008); People v. Maynard, 183 A.D.2d 1099 (3rd Dep’t. 1992); People v. Tankleff, 49 A.D.3d 160 (2nd Dep’t. 2007); People v. Santos, 306 A.D.2d 197 (1st Dep’t. 2003); People v. Malik, 25 Misc.3d 1214(A) (Kings Co. 2009).

(From the Summer 2011 Issue)  U.S. v. O'Connor

(From the June 2011 Newsletter) -  Matter of State of New York v. Andrew O., decided April 5, 2011,  - In People v. Martin, decided May 10, 2011,  People v. Grice, decided May 5, 2011, the Appellate Division, Third Department 

(From the May 2011 Newsletter) - In People v. Duhs (2011 NY Slip Op 02441, 2011 WL 1118627) decided March 29, 2011  - United States v. Clark, 2011 WL 781597 (2d Cir. 2011)

(From the April 2011 Newsletter) Recent Court of Appeals holdings regarding criminal law. - People v. Lopez, decided November 13, 2010, previous precedent, e.g. People v. Rogers (48 NY2d 167 [1979]) and People v. Burdo, (91 NY2d 146 [1997]), In People v. Harnett, decided February 10, 2011, Disorderly conduct litigation - People v. Weaver, decided February 10, 2011,

(From the March 2011 Newsletter) The Sovereign Citizen Defense - Southern Poverty Law Center Website, www.splcenter.org.

(From the February 2011 newsletter) - Plea bargain process and some of its perils and pitfalls - People v. Becker, decided January 6, 2011; People v. Donnelly, decided January 6, 2011; People v. Stevens, decided January 6, 2011; People v. Wystozaly.
(From the January 2011 Newsletter) This month we review recent Third Department cases.  People v. Pirillo (2010 NY Slip Op 08651) decided November 24, 2010.  People v Kennedy (2010 NY Slip Op 07831), decided November 4, 2010. See  People v. Roraback, 242 AD2d 400, 405 (1997).  People v. White (2010 NY Slip Op 08808) decided December 2, 2010

(From the December 2010 Newsletter)
(From the November 2010 Newsletter)
(From the October 2010 Newsletter)
(From the September 2010 Newsletter)






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