In 2017, the Court of Appeals in People v Leonard (29 NY3d 1, [2017]), reversed a conviction of sexual abuse on a holding that the trial court erred in permitting the People to introduce testimony from the victim about a
New York Criminal Defense - ETKS
New York Criminal Defense - ETKS, published by Easton Thompson Kasperek Shiffrin, focuses on criminal defense practice in New York State. The blog covers topics such as evidentiary challenges including Molineux applications and suppression of unreliable identification testimony, constitutional issues related to traffic stops and racial profiling, jury selection challenges including implied bias and challenges for cause, and prosecutorial and police misconduct. It discusses recent appellate decisions and practical defense strategies relevant to criminal defense attorneys handling cases involving weapons possession, sexual offenses, traffic violations, and jury impartiality. The blog also addresses systemic issues like racial disparities in law enforcement practices and police perjury.
Blog Authors
Latest from New York Criminal Defense - ETKS
Motion to Suppress Identification Testimony as Unreliable
In People v Reeves (152 AD3d 1173, 1176 [4th Dept 2017]), the Appellate Division, Fourth Department, suppressed identification testimony based on the alleged unreliability of the witness’s identification, despite the fact that the identification was not the product of unduly…
Challenging Traffic Stops as Violative of Equal Protection
by Jill Paperno
Author of “Representing the Accused: A Practical Guide to Criminal Defense”
As every criminal defense lawyer knows, pretext stops are the bane of our (and more importantly, our clients’) existence. We have all long suffered…
Challenges for cause – cops and prosecutors
by
Jill Paperno
There are times that a police officer or prosecutor may wind up in the jury panel, or even seated in the box. As you…
An interesting article about the pervasive problem of cops lying under oath and what can be done about it.
Read the article here.
This is the best decision you'll read this week.
convertible.
As he made his way home to South Carolina from a vacation
in Arizona, Jamison was pulled over
…
Prosecutors and Judges Who Pretend To Credit Police Perjury are Complicit in the Police Misconduct
Rule III: It is easier to convict guilty defendants by violating the Constitution than by
…
Fighting Local Ordinances Which Purport to Outlaw Conduct Deemed Abusive by Police
…