The Constitutional Right To A Speedy Trial and The Taranovich Factors: Pre-Indictment Delays. Published May 10, 2023
JUSTIFICATION CHARGE TO THE JURY NOT WARRANTED WHERE POLICE PEPPER SPRAY DEFENDANT DURING THE ARREST Published May 8, 2023
Gun Possession: Jury Charge on Temporary Lawful Possession (Don’t shoot through closed doors). Published May 5, 2023
WIRETAP EVIDENCE: NOTICE REQUIREMENTS UNDER CPL § 700.70 FOR THREE-WAY PHONE CALLS AND PHONE CALLS ORIGINATING FROM A LOCAL JAIL Published May 4, 2023
THE CONSTITUTIONAL RIGHT TO A PROMPT PROSECUTION UNDER THE DUE PROCESS CLAUSE Published April 30, 2023
ARTICLE 440 MOTION: NEWLY DISCOVERED EVIDENCE AND THE DUE DILIGENCE STANDARD Published April 26, 2023
Defendant’s Right to Choice of Counsel Should Not Delay Judicial Proceedings Published August 18, 2022
Fourth Amendment Search: Marijuana Regulation and Tax Act Does Not Apply Retroactively Published August 16, 2022
Right To Choice of Counsel: Suspension in different court/jurisdiction does not prejudice defendant. Published August 12, 2022
Right to Counsel Violation Claim is Excepted From Preservation Requirement But Requires Adequate Record of the Error Published August 9, 2022
Fair Trial Affirmed: No Evidence Defendant’s Orange Jumpsuit Pants were Visible to Jury Published July 29, 2022
Trial Court Violates Partial Verdict Procedure, Denies Defendant Right to Trial by Jury Published May 10, 2022
Decision to Seek Jury Charge on Lesser-Included Offenses Rests With Counsel, Not the Accused Published April 25, 2022
Allowing the People to Re-Open Suppression Hearing is within the Discretion of the Hearing Court. Published April 18, 2022