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THE SENTENCING COURT’S REJECTION OF YOUTHFUL-OFFENDER STATUS FOR THE DEFENDANT UPHELD (CT APP).

The Court of Appeals, affirming the Appellate Division, determined the sentencing court properly rejected youthful-offender status for the defendant. People v Rivera, 2023 NY Slip Op 05967, CtApp 11-21-23

 

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THE TRIAL JUDGE PROPERLY HANDLED A JUROR’S CLAIM THAT OTHER JURORS HAD EXHIBITED RACIAL BIAS DURING DELIBERATIONS AND PROPERLY DENIED THE DEFENSE REQUEST FOR A MISTRIAL; THERE WAS A COMPREHENSIVE DISSENT (CT APP).
EVEN WHERE IT IS POSSIBLE DEFENDANT LACKS THE CAPACITY TO UNDERSTAND THE SORA RISK-LEVEL PROCEEDINGS, THE RISK-LEVEL ASSESSMENT CAN BE MADE WITHOUT AN INDEPENDANT ASSESSMENT OF DEFENDANT’S MENTAL CAPACITY (CT APP).
POLICE OFFICERS MAY BE CROSS-EXAMINED BASED ON ALLEGATIONS MADE IN A PENDING CIVIL SUIT, CRITERIA EXPLAINED.
THE SEXUAL ASSAULT REFORM ACT (SARA), PROHIIBITING CERTAIN SEX OFFENDERS FROM RESIDING WITHIN 1000 FEET OF A SCHOOL, APPLIES TO SEX OFFENDERS WHO ARE UNDER POSTRELEASE SUPERVISION (PRS); THE DISSENT ARGUED SARA, BY ITS TERMS, APPLIES ONLY TO THOSE ON PAROLE OR CONDITIONALLY RELEASED (CT APP).
ANTISUBROGATION RULE DOES NOT APPLY TO A PARTY NOT COVERED BY THE RELEVANT POLICY.
AFTER A SPECTATOR ALERTED THE COURT JURORS HAD BEEN OVERHEARD REFERRING TO THE DEFENDANT IN DEROGATORY TERMS THE TRIAL JUDGE QUESTIONED THE SPECTATOR BUT TOOK NO FURTHER ACTION, MATTER REMITTED TO THE APPELLATE DIVISION FOR A DETERMINATION WHETHER THE TRIAL JUDGE’S ASSESSMENT OF THE CREDIBILITY OF THE SPECTATOR WAS SUPPORTED BY THE WEIGHT OF THE EVIDENCE (CT APP).
LIFETIME BAN ON PARTICIPATION IN THE SECURITIES INDUSTRY AND DISGORGEMENT OF WRONGFULLY OBTAINED PROFITS ARE AVAILABLE REMEDIES UNDER ANTI-FRAUD STATUTES.
TOWING OF DEFENDANT’S CAR (AND INVENTORY SEARCH) AFTER DEFENDANT’S ARREST FOR SHOPLIFTING WAS CONSISTENT WITH POLICE DEPARTMENT’S WRITTEN POLICY.

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