Articles Posted in Criminal Law and Justice

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January 23, 2009 From the American Bar Association Criminal Justice Section “> www.abanet.org/crimjust“>

Spears v. US, No. 08–5721

The government appealed a sentence for conspiracy to distribute cocaine base and powder cocaine in which the District Court reduced the sentencing range for crack cocaine from the 100 to 1 ratio to a 20 to one ratio based on the U. S. Sentencing Commission guidelines and the Smith and Perry cases. The District Court imposed a sentence based on a 20 to 1 ratio which was its interpretation of the mandatory minimum sentence in the case. The Eighth Circuit Court of Appeals reversed the district Court’s interpretation of the minimum sentence in the case and imposed a tougher sentence based on the 100 to 1 ratio. The Supreme Court remanded for rehearing by the Eighth Circuit which again imposed the tougher sentence. On rehearing the Supreme Court reversed stating, “we now clarify that district courts are entitled to reject and vary categorically from the crack cocaine Guidelines based on a policy disagreement with those Guidelines.”

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Update from the Lexis Alert Service,

January 19.21, 2009:

1. People v. Starnes, 5042, 5249/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 125; 2009 N.Y. App. Div. LEXIS 119, January 15, 2009, Decided, January 15, 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.

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Update from the Lexis Alert Service,

January 12 ,15, 2009

1. People v. Kelley, 4996, 6077/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 49; 2009 N.Y. App. Div. LEXIS 67, January 8, 2009, Decided, January 8, 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.

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From: Quinlan Law Enforcement eNews Alert, January 8, 2009.

Encounter between officer and defendant in parking lot of convenience store was consensual

“An encounter between a police officer and a defendant, as the defendant was walking to his car at a convenience store, in which the officer asked the defendant if he had anything was illegal, was consensual thus did not violate the defendant’s Fourth Amendment rights. A police car had parked 12 feet behind the defendant’s car. The four officers on the scene were uniformed and the officer did not advise the defendant that he was free to leave. However, the encounter occurred in view of other patrons, and the officer did not touch the defendant until after he stated that he had a gun. Furthermore, only one of the officers approached the defendant, and the officer did not use an antagonistic tone.”

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Update from the Lexis Alert Service,

January 8, 2009
1. People v. Molloy, 4975, 2789/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7; 2009 N.Y. App. Div. LEXIS 14, January 6, 2009, Decided, January 6, 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 (Daniel P. FitzGerald, …

2. People v. Lubbe, 4963, 7131/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 35; 2009 N.Y. App. Div. LEXIS 17, January 6, 2009, Decided, January 6, 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 (Arlene R. Silverman, …

3. People v. Anonymous, 4959 7146/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 31; 2009 N.Y. App. Div. LEXIS 32, January 6, 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 (Rena K. Uviller, …

4. People v. Goldstein, 4976, 527/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8; 2009 N.Y. App. Div. LEXIS 6, January 6, 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 (Carol Berkman, J.), …

5. People v. Wallace, 4948, 1922/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 23; 2009 N.Y. App. Div. LEXIS 35, January 6, 2009, Decided, January 6, 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 (A. Kirke Bartley, …

6. People v. Olmeda, 4970, 1869/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2; 2009 N.Y. App. Div. LEXIS 29, January 6, 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 (James A. Yates, …

7. People v. Reddick, 4618, 2880/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9169; 56 A.D.3d 344; 868 N.Y.S.2d 28; 2008 N.Y. App. Div. LEXIS 8658, November 20, 2008, Decided, November 20, 2008, 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 (Carol Berkman, J. …
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Update from the Lexis Alert Service,

January 7, 2009
1. People v. Howell, 4652, 6053N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9264; 56 A.D.3d 373; 867 N.Y.S.2d 331; 2008 N.Y. App. Div. LEXIS 8809, November 25, 2008, Decided, November 25, 2008, 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 (Edwin Torres, J.), …

2. People v. Lynah, 4656, 1417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9268; 56 A.D.3d 375; 2008 N.Y. App. Div. LEXIS 8791, November 25, 2008, Decided, November 25, 2008, 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. Vasquez, 4660, 1990/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9272; 56 A.D.3d 378; 2008 N.Y. App. Div. LEXIS 8804, November 25, 2008, Decided, November 25, 2008, 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 (Carol Berkman, J. …

4. People v. Kurell B., 4661, 4662, 2873/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9273; 56 A.D.3d 379; 2008 N.Y. App. Div. LEXIS 8801, November 25, 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 (Gregory Carro, J.), …

5. People v. Ross, 4664, 1285/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9275; 56 A.D.3d 380; 2008 N.Y. App. Div. LEXIS 8816, November 25, 2008, Decided, November 25, 2008, 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, …

6. People v. Green, 4588, 5885/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9278; 56 A.D.3d 390; 2008 N.Y. App. Div. LEXIS 8808, November 25, 2008, Decided, November 25, 2008, 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 (Richard D. Carruthers, …

7. People v. Cardoza, 4677, 5504/97, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9285; 56 A.D.3d 396; 2008 N.Y. App. Div. LEXIS 8803, November 25, 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 (Bonnie G. Wittner, …
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Update from the Lexis Alert Service,

January 1, 2009

1. People v. Vallevaleix, 4921, 511/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10203; 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.

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Update from the Lexis Alert Service,

1. People v. Riley, 4865, 4795/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10035; 2008 N.Y. App. Div. LEXIS 9794, December 23, 2008, Decided, December 23, 2008, 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. Merzianu, 4876, 5955/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10042; 2008 N.Y. App. Div. LEXIS 9784, December 23, 2008, Decided, December 23, 2008, 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 Stolz, J.), …

3. People v. Williams, 4897, 2656/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10056; 2008 N.Y. App. Div. LEXIS 9780, December 23, 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 (James A. Yates, …

4. People v. Deleon, 4891, 6622/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10052; 2008 N.Y. App. Div. LEXIS 9773, December 23, 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 (Laura A. Ward, …

5. People v. Sears, 4896, 3043/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10055; 2008 N.Y. App. Div. LEXIS 9778, December 23, 2008, Decided, December 23, 2008, 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, …

6. People v. Santiago, 4894, 456/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10054; 2008 N.Y. App. Div. LEXIS 9783, December 23, 2008, Decided, December 23, 2008, 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 (Laura A. Ward, …
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**Neurolaw and Criminal Justice http://www.llrx.com/features/neurolaw.htm

“Ken Strutin’s article highlights selected recent publications, news sources and other online materials concerning the applications of cognitive research to criminal law as well as basic information on the science and technology involved”.

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