New York Criminal Law and Procedure

AD1 - New Decisions

The First Department has posted new decisions.  (LC)

AD2 - New Decisions

The Second Department has posted new decisions.  (LC)

AD1, AD3, AD4, & AT1 - New Decisions

There are new decisions today from the First, Third, and Fourth Departments, as well as the First Appellate Term.  (LC)

AD1 - New Decisions

The First Department has posted new decisions.  (LC)

AD1, AD2, & AD3 - New Decisions

Late last week, the First, Second, and Third Departments posted new decisions.  (LC)

COA & AD1 - New Decisions

The Court of Appeals has announced new decisions:

• People v. Williams (Ct. App. 2/23/2010) (Graffeo, J.) - double jeopardy issues in PRS resentencing
• People v. McDade (Ct. App. 2/23/2010) (SSM) - evidence legally sufficient for Rape

In addition, the First Department has posted new decisions, including People v. Correa, which declared the merger of Bronx Supreme Court and the New York City Criminal Court in that county to be unconstitutional.

AD2 - New Decisions

The Second Department has posted new decisions.  (LC)

AT1 - New Decisions

The First Appellate Term has posted new decisions.  (LC)

COA, AD1, & AD3 - New Decisions

The Court of Appeals has posted new decisions:

• People v. Kisina (Ct. App. 2/18/2010) (Ciparick, J.) - fraudulent medical records can constitute "business records" for purposes of Falsifying Business Records 1º.
• People v. Brown (Ct. App. 2/18/2010) (Lippman, C.J.) - hearing necessary to determine if plea involuntary because defendant claimed he was pressured into accepting it so he could receive a furlough to visit a sick child in the hospital
• People v. Rivera (Ct. App. 2/18/2010) (SSM) - coram nobis

In addition, there are new decisions from the First and Third Departments.  (LC)

AT2 - New Decisions

The Second Appellate Term has posted new decisions.  (LC)

COA & AD1 - New Decisions

The Court of Appeals has announced new decisions:

• People v. Fiammegta (Ct. App. 2/16/2010 (Read, J.) - reversal because Supreme Court did not consider evidence that the defendant was kicked out of a drug treatment program on thin evidence
• People v. Ochoa (Ct. App. 2/16/2010) (Pigott, J.) (4-3) - improper bolstering and response to juror's note
• People v. Pierce (Ct. App. 2/16/2010) (Graffeo, J.) - plea to SCI vacated because of defect in waiver of right to indictment
• People v. Edwards (Ct. App. 2/16/2010) (SSM) - Appellate Division reversed on suppression grounds; police were justified in prolonging traffic stop

In addition, there are new decisions from the First Department.

AD4 - New Decisions

The Fourth Department has posted new decisions.  (LC)

COA, AD1, & AD3 - New Decisions

There are new decisions from the Court of Appeals:

• People v. Taylor (Ct. App. 2/11/2010) (7-0) - reinstating conviction of attorneys for filing false retainer statements with OCA
• People v. Price (Ct. App. 2/11/2010) (7-0) (Lippman, C.J.) - "exceptional circumstances" exception to CPL § 30.30 does not apply to facts of case
• People v. Edwards (Ct. App. 2/11/2010 (SSM) - missing witness instruction
• People v. Zarate (Ct. App. 2/11/2010) (SSM) - companion case to Price
• People v. Luciere (Ct. App. 2/11/2010) (SSM) - companion case to Price
• People v. Cozzani (Ct. App. 2/11/2010) (SSM) - companion case to Price
• People v. Francois (Ct. App. 2/11/2010) (SSM) - record evidence supported AD's search and seizure decision

There are also new decisions from the First and Third Departments.  (LC)

AD2 - New Decisions

The Second Department has posted new decisions.  (LC)

AD1 - New Decisions

The First Department has posted new decisions.  (LC)

AD1, AD3, & AT2 - New Decisions

The First and Third Departments have posted new decisions.  There also new decisions from the Second Appellate Term.  (LC)

AT1 - New Decision

The First Appellate Term has posted new decisions.  (LC)

AD1 - New Decisions

The First Department has posted new decisions.  (LC)

AD2 - New Decisions

The Second Department has posted new decisions.  (LC)

AD1 & AD3 - New Decisions

There are new decisions from the First and Third Departments.  (LC)

AT2 - New Decision

The Second Appellate Term has posted new decisions.  (LC)

AD1 - New Decisions

The First Department has posted new decisions.  (LC)

AD2 & AD3 - New Decisions

There are new decisions from the Second and Third Departments.  (LC)

Reversal for prosecutorial misconduct

Today, the First Department reversed a burglary conviction from Bronx County because the trial prosecutor committed misconduct.  Prosecutorial misconduct claims generally require proof of a pattern of missteps; a single, isolated comment that, in hindsight, was better left unsaid, will not be sufficient to reverse a conviction.  Frequently, prosecutorial misconduct claims arise from improper questions during cross-examination of the defendant and inappropriate statements during summation.

In People v. Ortiz (1st Dept. 1/21/2010), the court found the following errors by the prosecutor:

• violating the trial court's Sandoval ruling; 
• trying to impeach the defendant "with his supposed dishonesty in initially entering pleas of not guilty in prior cases followed by allegedly belated pleas of guilty";
• introducing a mugshot of the defendant's girlfriend, who did not testify, and referring to her criminal history, which had the effect of "suggest[ing] that defendant was associated with a disreputable person";
• arguing, in summation, that the defendant had a propensity for committing crimes;
• stating the defendant "knows he did it"; and
• telling the jury "he was waiting for the jury to 'give him his razor back and let him walk out the door.'"

While none of the summation-related claims were properly preserved, the court nevertheless reached them in the interest of justice.  The court also found the errors were not harmless.

Importantly, this case demonstrates how the cumulative effect of multiple errors by the prosecutor can result in a reversal.  (LC)

AD1 - New Decisions

The First Department has posted new decisions.  (LC)