Criminal Law (Page 2)

New York’s Criminal Procedure Law § 310.30 contains a certain procedure when a court receives a note from a jury during deliberations. It generally requires that when a court receives a note from the jury, it must return the jury to the courtroom and, after notice to both the peopleRead More →

There are many reasons not to use the “N” word. One of which is Aggravated Harassment In the Second Degree (Penal Law § 240.30). Take the case of Matter of Shane Ee., 2008 NY Slip Op 01479 decided by the Third Department last Thursday. In that case, the juvenile ShaneRead More →

The Criminal Procedure Law does not contain a specific provision to challenge a grand juror or an Indictment based on that grand juror’s familial relationship to a witness. But as the Third Department’s decision last week in People v Revette, 2008 NY Slip Op 01452 demonstrates, this does not meanRead More →

We all love a daredevil. That spirit of the fearless facing of death causes us to root for him and makes us feel like we can do anything. New York City has a long love affair with daredevils. Frederick Laws successfully parachuted from the torch of the Statue of LibertyRead More →

A permanent order of protection issued at the conclusion of a criminal action is appealable as of right as part of the judgment of conviction (see People v Nieves, 2 NY3d 310, 315 [2004]; CPL 450.10). Last week in People v Whalen, 2008 NY Slip Op 01874, the Third DepartmentRead More →

New York’s Sex Offender Registration Act (SORA) (Corrections Law § 168-a et seq.)  defines a “sex offender” as any person who is convicted of certain enumerated offenses. These offenses of course include offenses one typically thinks of as sex offenses such as rape, sexual abuse, sex trafficking, incest etc.  ButRead More →

A criminal defendant has a right to be personally present at the time his “sentence” is pronounced (Criminal Procedure Law 380.40).  But what exactly comprises a defendant’s “sentence?” The Court of Appeals answered an aspect of this question yesterday in People v Guerrero , 2009 NY Slip Op 01242. TheRead More →

Convicted civil rights attorney Lynne Stewart was disbarred by the First Department on Tuesday stemming from her convictions in 2005 for helping imprisoned Sheikh Omar Abdel-Rahman communicate with his terrorist followers (Matter of Stewart, 2007 NY Slip Op 03590). Stewart was convicted of one count each of conspiracy to defraudRead More →

Licensed Legal Consultants are foreign attorneys who may render certain legal services in the State within the provisions of 22 NYCRR Part 521. On Tuesday the First Department decided a case in which it held that the attorney disciplinary mechanism must be applied to license legal consultants as well –Read More →

Are lawyers any less perverted than the rest of society? Probably not, and maybe, just maybe, they are more so. Take the small example of attorney Peter A. Barta who was disbarred yesterday by the First Department – Matter of Barta, 2008 NY Slip Op 00071. Mr. Barta was anRead More →