Articles Posted in Criminal Law and Justice

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Update from the Lexis Alert Service,

March 16, 2009.

1. People v. Casanova, 89/06, 54, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1850; 2009 N.Y. App. Div. LEXIS 1698, March 12, 2009, Decided, March 12, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
… appeals from a judgment of the Supreme Court, New York County (Bruce Allen, J.), …
… People v Crimmins, 36 NY2d 230 [1975]). Accordingly, the judgment of the Supreme Court, New York County (Bruce Allen, J.), …
… Squib inserted here: Judgment, Supreme Court, New York County (Bruce Allen, J.), …

2. People v. Monroe, 4727, 1389/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1830; 2009 N.Y. App. Div. LEXIS 1799, March 12, 2009, Decided, March 12, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (James A. Yates, …

3. People v. Velez, 4741, 6382/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1831; 2009 N.Y. App. Div. LEXIS 1779, March 12, 2009, Decided, March 12, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (James A. Yates, …

4. People v. Bennett, 5258, 5259, 5260, 1247/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1834; 2009 N.Y. App. Div. LEXIS 1805, March 12, 2009, Decided, March 12, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Renee A. White, …

5. People v. La Rosa, 47, 3687/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1842; 2009 N.Y. App. Div. LEXIS 1781, March 12, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Michael R. Ambrecht, …
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From the American Bar Association Criminal Justice Section: http://www.abanet.org/crimjust

I”n a case arising from a felony domestic assault and habitual offender charges, where the defendant had at least six different appointed attorneys between the time of his arrest and his trial, the trial court denied the defendant’s motion to dismiss for want of a speedy trial. The Vermont Supreme Court, however, reversed, holding that the conviction must be vacated, and the charges dismissed, because the State did not accord a speedy trial as is required by the Sixth Amendment. The Supreme Court held that The Vermont Supreme Court erred in ranking assigned counsel essentially as state actors in the criminal justice system, stating that assigned counsel, just as retained counsel, act on behalf of their clients, and, in the absence of institutional breakdowns of the public defender system, delays sought by counsel are ordinarily attributable to the defendants they represent.”

The full opinion can be accessed at http://topics.law.cornell.edu/supct/cert/08-88

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Update from the Lexis Alert Service,

March 6, 2009.

1. People v. Malave, 5407, 43/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1529; 2009 N.Y. App. Div. LEXIS 1503, March 3, 2009, Decided, March 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Edward J. McLaughlin, …

2. People v. Caldwell, 5411, 5645/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1532; 2009 N.Y. App. Div. LEXIS 1507, March 3, 2009, Decided, March 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Michael J. Obus, …

3. People v. Ramirez, 5415, 5415A, 3426/05, 364/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1535; 2009 N.Y. App. Div. LEXIS 1502, March 3, 2009, Decided, March 3, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgments, Supreme Court, New York County (Arlene R. Silverman, …

4. People v. Rush, 5412, 6099/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1533; 2009 N.Y. App. Div. LEXIS 1501, March 3, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), …

5. People v. Richiez, 5421, 3431/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1540; 2009 N.Y. App. Div. LEXIS 1511, March 3, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Michael R. Ambrecht, …
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SPECIAL BULLETIN FROM THE AMERICAN JUDICATURE SOCIETY

60 Minutes to Report on Eyewitness Identification Reform

The CBS News show, 60 Minutes will air a two-segment report on Eyewitness Identification Reform on Sunday, March 8, 2009, at 7pm EST.

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Update from the Lexis Alert Service,

March 2, 2009.

1. People v. Becoate, 5345, 4009/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1401; 2009 N.Y. App. Div. LEXIS 1347, February 26, 2009, Decided, February 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Robert H. Straus, …

2. People v. Galarza, 5384, 2120/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1427; 2009 N.Y. App. Div. LEXIS 1362, February 26, 2009, Decided, February 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Gregory Carro, J.), …

3. People v. Garcia, 5352, 3907/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1407; 2009 N.Y. App. Div. LEXIS 1397, February 26, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Michael Obus, J.), …

4. People v. Albright, 4699, 4061/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1397; 2009 N.Y. App. Div. LEXIS 1360, February 26, 2009, Decided, February 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Robert M. Stolz, …

5. People v. Butler, 5367, 5199/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1416; 2009 N.Y. App. Div. LEXIS 1358, February 26, 2009, Decided, February 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Eduardo Padro, J.), …

6. People v. Martinez, 5374, 2875/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 1420; 2009 N.Y. App. Div. LEXIS 1384, February 26, 2009, Decided, February 26, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Ronald A. Zweibel, …

7. People v. Vallevaleix, 4921, 511/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10203; 57 A.D.3d 412; 869 N.Y.S.2d 846; 2008 N.Y. App. Div. LEXIS 9955, December 30, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Marcy L. Kahn, …
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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

February 21 – February 27, 2009
U.S. Supreme Court, February 24, 2009 US v. Hayes, No. 07-608 Defendant’s conviction for possessing a firearm under 18 U.S.C. section 921 is affirmed, where a domestic relationship between the offender and victim need not be an element of the defendant’s “misdemeanor crime of domestic violence” to trigger Section 921’s possession ban. .

U.S. 1st Circuit Court of Appeals, February 24, 2009 US v. Rodriguez-Lozada , No. 06-1988 Defendant’s convictions and sentences are vacated in part and otherwise affirmed where: 1) district court properly denied motion to suppress evidence for lack of standing as he had no reasonable expectation of privacy in the area searched; 2) motion for severance was properly denied as untimely; and 3) although evidence was sufficient to uphold most counts of defendant’s conviction, there was insufficient evidence to uphold convictions for possession of a firearm in furtherance of drug trafficking and aiding and abetting possession. Co-defendant Rivera’s sentence is affirmed where: 1) district court’s drug quantity calculation for sentencing purposes was well-supported by evidence and not clearly erroneous; 2) court correctly imposed statutory sentencing enhancement for co-defendant Rivera’s leadership role; and 3) the sentence was reasonable in light of his particular circumstances. .

U.S. 1st Circuit Court of Appeals, February 26, 2009 US v. Glover , No. 07-1983
Conviction and sentence for being a felon in possession of a firearm is affirmed where: 1) the prosecutor’s closing statements were not improper; 2) the court did not err in classifying defendant’s prior conviction for assault and battery with a dangerous weapon as a crime of violence under the sentencing guidelines; and 3) the sentence imposed was reasonable.
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“The U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance, in partnership with the National Institute of Justice, is pleased to announce it is seeking applications for funding under the Adult Drug Court Research to Practice Initiative. This program furthers the Department’s efforts to assist communities to develop effective drug court strategies for nonviolent substance-abusing offenders.”:

Here is a link to the Announcement:

http://www.ojp.usdoj.gov/BJA/grant/09DrugCourtResearchSol.pdf

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