In criminal law, a “show-up” is the process through which a witness and a suspect are together face-to-face for the purpose of the witness’s ability to identify whether the suspect indeed committed the crime. A “Show-Up” identification is by its very nature suggestive, as opposed to a line-up identification in…
What are the rights of a parolee when an officer wants to conduct an invasive search or seizure? In New York, recent case law explored this very question, looking at the circumstances under which a defendant can successfully challenge a search based on his constitutional right to privacy. According to…
In courtroom proceedings, part of the judge’s job is to be as impartial as possible. We have written blogs before about Judges being reversed for failing to act in an inpartial manner at trial. In a recent case before a New York court, the defendant argued that the judge failed…
In 2017, New York case law created a new precedent indicating that when identification is an issue in a criminal case, and when the identifying witness and defendant are seemingly of different races, the defendant is entitled to a charge on “cross-racial identification.” This means that when a witness identifies…
We have previously written that police officers, in New York and elsewhere, have what is called a “community caretaking” duty. This means that officers are not only obligated to enforce the law, but they also must assist an individual when they notice that he or she needs help. Recently, a…
Under the Fourth Amendment, individuals have a right to be free from unreasonable searches and seizures. The word “unreasonable” can have different meanings in different contexts, but a recent case coming out of the Supreme Court of New York, Third Department, provides interesting case law for one of these contexts.…
When a defendant is charged with committing a violent crime in the state of New York, there are various affirmative defenses he can raise in hopes of reducing both his conviction and the resulting sentence. In a recent criminal case before an appellate court in New York, the defendant successfully…
If you are questioned in relation to a criminal matter in New York, there are important rights you have under the law. Oftentimes, however, the reality is that state actors do not follow the law when interrogating suspects. If you have faced any kind of interrogation and are now being…
During interrogation, New York detectives and officers are only legally able to obtain statements from defendants that are made voluntarily. If a detective coerces a defendant, or if the defendant does not understand what he or she is being interrogated about, a court may later rule that any confession was…
In a procedurally complex case, the New York Court of Appeals recently issued a decision reversing an appellate court’s decision in favor of the criminal defendant. The defendant originally faced charges after he broke into a college dormitory, supposedly attempting to sexually assault girls in the dormitory. At trial, the…