Articles Posted in Criminal Law and Justice

Update from the Lexis Alert Service,

April 6, 2009.

1. People v. Nunez, 212, 4936/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2535; 2009 N.Y. App. Div. LEXIS 2442, April 2, 2009, Decided, April 2, 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, …

2. People v. Pearson, 225, 225A, 225B, 4340/06, 4464/06, 4478/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2543; 2009 N.Y. App. Div. LEXIS 2428, April 2, 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 …
Judgments, Supreme Court, New York County (Charles Solomon, J. …

3. People v. Smith, 217, 5584/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2538; 2009 N.Y. App. Div. LEXIS 2431, April 2, 2009, Decided, April 2, 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 (Lewis Bart Stone, …

4. People v. McClain, 222, 1200/06, 223, 224, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2542; 2009 N.Y. App. Div. LEXIS 2441, April 2, 2009, Decided, April 2, 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 …
… Defendant-Appellant. The People of the State …
Judgment, Supreme Court, New York County (Rena K. Uviller, …

5. People v. Tucker, 176, 800/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2469; 2009 N.Y. App. Div. LEXIS 2510, March 31, 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 (Bonnie Wittner, J. …

6. People v. Bush, 193, 5516/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2477; 2009 N.Y. App. Div. LEXIS 2504, March 31, 2009, Decided, March 31, 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 (Charles H. Solomon,
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The U.S. Justice Department moved on Wednesday April 1 to drop all charges in the case against former Senator Ted Stevens of Alaska. In a federal court on Wednesday Justice Department lawyers explained that in addition to earlier disclosures they discovered further evidence of misconduct that raised questions about the way the entire case was handled.

Attorney General Eric Holder Jr. issued a statement (see link below) explaining the Department of Justice position and said that he would not seek a new trial.

Statement of Attorney Gereral Eric Holder Jr. Regarding Former Alaska Senator Ted Stevens

In a 75 page, 19 count indictment, prosecutors allege that Mr. Blagojevich and his associates sought illegal profits from the governor’s authority to award money and jobs in construction, legal work, consulting and investmentments. Included in the indictment are allegations that Mr. Blagojevich and his associates “schemed to auction off the Senate seat vacated by President Barack Obama”.

To provide you further clarification we refer you to the following two documents:

A one page Fact Sheet prepared by the Office of U.S. Attorney for the Northern District Patrick Fitzgerald

A Report of the Violence Policy Center* authored by Senior Policy Analyst Tom Diaz

Introduction

Mexico is under siege, its democratic governance is at risk. This report examines the role of the U.S. civilian gun market in the drug-related violence in Mexico that is creeping northward into the United States.

New York Governor David Paterson, Assembly Speaker Sheldon Silver, and Senate Majority Leader Malcolm Smith announced an agreement of Friday March 27 that would effectively end the harshest provisions of the New York Rockefeller Laws The Agreement ends mandatory jail for first-time and non-felony offenders. It also gives judges total authority to send non-violent addicts to treatment instead of jail.

The new drug reform agreement is included in New York budget bill A156 as Part AAA beginning on page 113. To see Part AAA in Microsoft Word format click on the link below to the information provided by William Halsted of the New York Legislative Retrieval System.

New York Rockefeller Laws Reform 2009 – Part AAA of A.156

Criminal Mental Health and Disability Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Criminal Justice Professionals

Exaamines in detail the legal relationships that link criminal justice, mental health, and disability discrimination law.

Co-sponsored by ABA Commission on Mental and Physical Disability Law and the ABA Criminal Justice Section _____________________________

Update from the Lexis Alert Service,

March 25, 2009.

1. People v. Rivers, 1636, 3191/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 298; 58 A.D.3d 529; 870 N.Y.S.2d 790; 2009 N.Y. App. Div. LEXIS 272, January 22, 2009, Decided, January 22, 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.

BY LYONETTE LOUIS-JACQUES Foreign Law Librarian and Lecturer in Law at the University of Chicago D’Angelo Law Library Published by GlobaLex June/July 2007

From the Introduction:

This bibliography lists selected English-language resources on comparative criminal procedure. It focuses on journal articles, book chapters, and treatises covering comparative criminal procedure generally, criminal procedure in multiple jurisdictions, and specialized research topics in comparative criminal procedure such as: arrest, pre-trial detention, interrogation, right to counsel, legal assistance for indigent defendants, discovery, plea bargaining, trial by jury, the privilege against self-incrimination, inquisitorial versus accusatorial systems, role of prosecutors, judges and defense attorneys, cross-examination, exclusionary rules, sentencing, death penalty, criminal appeals, and double jeopardy. “

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