October 01, 2024 | New York Law Journal
Annual Review of New Criminal Justice LegislationThis column reviews new legislation amending the Penal Law, Criminal Procedure Law and related statues.
By Barry Kamins
12 minute read
July 30, 2024 | New York Law Journal
Court of Appeals Approves Auto Stops Under a Public Safety Doctrine"The Court of Appeals envisioned that it will be a 'rare' case in which the police stop a vehicle in their community caretaking capacity," writes former New York Supreme Court Judge Barry Kamins.
By Barry Kamins
10 minute read
June 03, 2024 | New York Law Journal
Lay Opinion Identification Testimony: The New 'Mosley' HearingSurveillance technology has become a staple in criminal trials; with increasing frequency, prosecutors are offering surveillance video recordings as part of their evidence-in-chief. The New York Court of Appeals has now held that, under certain circumstances, a person who is not an eyewitness to the crime can testify at trial that the defendant is the person depicted in the video.
By Barry Kamins
9 minute read
April 01, 2024 | New York Law Journal
Probable Cause and 'Bruen': Two Amendments CollideRecently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.
By Barry Kamins
12 minute read
February 05, 2024 | New York Law Journal
Court of Appeals Upholds Sweeping Premise of New Discovery LawIn 'People v. Bay', the court acknowledged the raison d'etre of the new law: that the People cannot be ready for trial without having fully complied with their discovery obligations.
By Barry Kamins
10 minute read
December 04, 2023 | New York Law Journal
NYPD Vehicle Inventory Search Protocol Found Constitutional by Court of AppealsThe New York Police Department has conducted thousands of automobile inventory searches. For the first time, however, the New York Court of Appeals has held that the police department's protocol authorizing these searches meets constitutional standards.
By Barry Kamins
7 minute read
October 25, 2023 | New York Law Journal
'What's Left Unsaid: My Life at the Center of Power, Politics & Crisis': Former Andrew Cuomo Aide's Tell-All Book ReviewedThis insider's view of the political storm that led to Cuomo's forced resignation raises serious questions about the roles played by power politics, a compliant media, and an attorney general who wished to be governor, in orchestrating the forced resignation of a duly elected governor.
By Barry Kamins and Diana Fabi Samson
12 minute read
October 02, 2023 | New York Law Journal
Annual Review of New Criminal Justice LegislationIn his Criminal Law and Procedure column, Barry Kamins reviews new legislation amending the Penal Law, the Criminal Procedure Law and related statutes. The discussion that follows will highlight key provisions of the new laws and, as such, the reader should review the legislation for specific details.
By Barry Kamins
13 minute read
July 31, 2023 | New York Law Journal
Is 'Bruton v. United States' on Life Support in the Aftermath of 'Samia'?In Samia v. United States, ___ U.S. ___, 2023 U.S. Lexis 2637 (June 23, 2023), the U.S. Supreme Court declined to expand the rule in Bruton v. United States, 391 U.S. 123 (1968) and, in fact, may have sounded the death knell for Bruton itself.
By Barry Kamins
7 minute read
June 05, 2023 | New York Law Journal
The New Bail Law: How Much Has Changed?For the third time since 2019, New York's bail laws have been amended. At the outset, on Jan. 1, 2020, New York implemented a new bail statute that was transformative, creating a new landscape for release decisions following an arrest.
By Barry Kamins
6 minute read