New York Law Journal | Analysis
By William C. Donnino | January 4, 2024
In a split decision, the Court of Appeals in 'People v. Debellis' held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the "defense of voluntary surrender" of a firearm pursuant to Penal Law §265.20(a)(1)(f).
By Emily Saul | January 3, 2024
In an email to supporters and friends, Szuchman wrote that now was not the right time to throw his hat in the ring.
New York Law Journal | Analysis
By Evan T. Barr | January 3, 2024
The U.S. Supreme Court granted certiorari in 'McIntosh v. United States' to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure. The court's decision in 'McIntosh' may clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.
By Jane Wester | January 2, 2024
SDNY prosecutors said a second trial would not affect Bankman-Fried's guidelines range at sentencing because U.S. District Judge Lewis Kaplan "can already consider all of this conduct."
By Cary London | December 21, 2023
In a criminal case involving domestic violence in New York, a favorable Molineux ruling may occur when the judge decides to exclude evidence related to the defendant's prior bad acts— specifically a previous fight—despite the prosecution's attempt to introduce such evidence.
By Jane Wester | December 18, 2023
U.S. District Judge Edgardo Ramos said he did not believe Trevor Milton was likely to reoffend, but he nonetheless noted that "the law does not permit a pass for good intentions."
By Paul Shechtman | December 15, 2023
In September, the Supreme Court granted certiorari in 'Smith v. Arizona,' which requires the court to reconsider its precedents on the admissibility of forensic evidence under the Confrontation Clause. As numerous courts and commentators have observed, the court's decisions, especially its 4-1-4 decision in Williams v. Illinois, have left the law muddled. Will 'Smith' provide clarity?
By Jimmy Hoover | December 14, 2023
The case sets up an unprecedented legal showdown over Trump's primary defense to a four-count indictment in D.C. federal court brought by Smith's office, which represents a dramatic new chapter in the relationship between the former president and the judicial body that he transformed.
By Jane Wester | December 14, 2023
Charles McGonigal pleaded guilty in August to participating in a scheme to assist sanctioned Russian billionaire Oleg Deripaska.
By Emily Saul | December 14, 2023
Lawyer Salvatore Strazzullo allegedly pocketed client funds from at least three separate cases, prosecutors said.
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