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New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock by Matthew Clarke by Matt Clarke The New York Court of Appeals held that the prosecution’s failure to …
New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch by Richard Resch The Court of Appeals of New York reversed Harvey Weinstein’s convictions for …
New York Court of Appeals: Dismissal Required Where Prosecution Failed to Explain Repeated Requests for Post-Readiness Adjournment by Sam Rutherford by Sam Rutherford   The Court of Appeals of New York, the state’s highest court, held that the People violated a defendant’s statutory right to a speedy trial by filing …
Monroe County Office of Mental Health & Rochester Police Dept., NY, Presentation on Excited Delirium, 2024 Monroe County Office of Mental Health & Rochester Police Department Psychological behaviors • Paranoia • Delusional • Agitation • Cannot follow commands • Emotional changes • Disoriented • Hallucinations • Looks like \\just snapped" …
Publication • 2024
NYS DOCCS Halt Report 08-05-24 State of New York Offices of the Inspector General Review of the First Two Years of HALT at the New York State Department of Corrections and Community Supervision August 2024 Lucy Lang Inspector General EXECUTIVE SUMMARY On March 31, 2021, the Humane Alternatives to Long-Term …
Article • May 15, 2024 • from CLN May, 2024
New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that application …
Article • April 26, 2024
Disgraced NYC Council Candidate Gets Slap-on-the-Wrist Sentence by Jordan Arizmendi by Jordan Arizmendi In September 2016, Celia Dosamantes, 26 at the time, was arrested for faking donations to her campaign for city council the year before. She was also charged with submitting a digitally altered check. When she finally appeared …
Article • April 15, 2024 • from CLN April, 2024
New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements by Douglas Ankney by Douglas Ankney The Court of Appeals of New York declined to adopt a …
New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error by David Reutter by David M. Reutter The Court of Appeals of New York held a trial court erred in admitting evidence of prior bad acts evidence. It further concluded the …
Article • April 15, 2024 • from CLN April, 2024
New York Governor Signs Law Sealing Millions of Criminal Records From Public View by Douglas Ankney by Douglas Ankney In late 2023, New York Governor Kathy Hochul signed the Clean Slate Act into law, permitting millions of criminal convictions to be sealed. “With the signing of this law, it adds …
Brief • April 5, 2024
Feliciano v. City of New York, NY, Settlement, Medical and Mental Neglect, 2024 Case 1:20-cv-10033-LAK Document 158-2 Filed 04/05/24 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - ----------- - - ----- - - ------------- ------------- - ------------··· · X MADELINE FELICIANO, individually and as …
Brief • March 21, 2024
Filed under: Malpractice
Stanbro v. Palou, NY, Opinion and Order, Medical Malpractice, 2024 Case 7:19-cv-10857-KMK Document 190 Filed 03/21/24 Page 1 of 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHAD STANBRO, Plaintiff, v. CORRECTION OFFICER NADYA PALOU, et al., Defendants. Nos. 20-CV-1591 (KMK), 19-CV-10857 (KMK) CHAD STANBRO, Plaintiff, v. WESTCHESTER …
Article • March 15, 2024 • from CLN March, 2024
New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation by Richard Resch by Richard Resch The Court of Appeals of New York suppressed incriminating evidence recovered from a cyclist …
‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms by Douglas Ankney by Douglas Ankney In 2008, snitch Shahed Hussain worked as a paid informant for the Federal Bureau of Investigation (“FBI”). Hussain met James Cromitie in the parking lot of a mosque in impoverished Newburgh, …
Article • March 15, 2024 • from CLN March, 2024
New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations by Anthony Accurso by Anthony W. Accurso The Court of Appeals of New York reversed a case where the …
Publication • February 21, 2024
BOC -City of New York-Statement on Chemical Agent Report -Feb. 2024 Dwayne C. Sampson, Chair DeAnna Hoskins, Vice Chair Rachael Bedard, M.D. Robert L. Cohen, M.D. Felipe Franco Jacqueline Miriam Pitts Joseph Ramos Jacqueline Sherman Jude Torchenaud BOARD OF CORRECTION CITY OF NEW YORK 2 LAFAYETTE STREET, SUITE 1221 NEW …
Article • February 15, 2024 • from CLN February, 2024
NYPD Has Spent Millions of Dollars on Social Media Analysis Tools by Jo Ellen Nott by Jo Ellen Nott The New York City Police Department (“NYPD”) has spent millions of dollars of taxpayers’ money buying products from tech company Voyager Labs that claims it can analyze social media to track …
Article • February 15, 2024 • from CLN February, 2024
Filed under: Rape Shield Rule
New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law by David Reutter by David M. Reutter The New York Court of Appeals held a trial court erroneously applied New York’s Rape Shield Law …
Publication • February 1, 2024
NYC Board of Correction-An Assessment of the Use of Chemical Agents in NYC Jails - Feb 2024 . . . . . Boardof . .T . . Correction AN ASSESSMENT OF THE USE OF CHEMICAL AGENTS IN NEW YORK CITY JAILS February 2024 1 Table of Contents I. Executive Summary …
Article • January 15, 2024 • from CLN January, 2024
NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them by Douglas Ankney by Douglas Ankney The New York Police Department (“NYPD”) hired David Grieco as an officer in 2006. Earning the street name “Bullethead,” Grieco was named in 17 lawsuits between his hiring and …
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