The full-fledged opinion by Judge Read was succinctly summarized by the Court of Appeals as follows: We hold that Judiciary Law § 21 does not bar a substitute judge from deciding a question of law presented in a motion argued orally before another judge so long as a transcript or recording of the prior argument […]
The Third Department remitted a SORA proceeding because the court did not set forth in its written order its findings of fact and conclusions of law with respect to defendant’s application for a downward departure and the oral findings were not sufficiently detailed for adequate review. People v Filkins, 514025, 3rd Dept, 6-6-13
The Third Department determined the police officer [Negron] properly asked defendant to get out of his car, and properly conducted a pat-down search, after a vehicle-stop for traffic infractions: …[O]fficers may exercise their discretion to require occupants to exit a vehicle once a lawful traffic stop has been effected, out of a concern for safety […]
The Third Department determined the trial court’s failure to directly inquire into defendant’s awareness of the risks associated with his attorney’s potential conflict of interest and the trial court’s failure to follow the statutory procedure with respect to a note from the jury during deliberations did not require reversal: Early in these proceedings, defendant’s trial […]
The Third Department determined the questioning of defendant by police at defendant’s home did not constitute custodial interrogation requiring Miranda warnings: At the Huntley hearing, the two officers testified that they informed defendant of the reason for their visit, were invited into his home, sat around a dining room table and engaged in small talk […]
The Third Department determined that information from a confidential informant provided reasonable suspicion sufficient to justify an investigatory vehicle stop and noted that a vehicle stop with guns drawn did not ripen into an arrest where the police had reliable information the occupants of the vehicle were armed: We reject defendant’s contention that removing him […]
The Third Department noted that the defendant should not have been required to waive his right to appeal where he pled to all the charges and there was no plea bargain: Having exercised his statutory right to plead guilty to all of the charges levied against him in the indictment and inasmuch as “no promise, […]
The Third Department determined the SORA court could make a SORA level assessment without a recommendation from the Board of Examiners of Sex Offenders. The facts of the case did not fall into any of the categories listed in the SORA statute which allows an assessment without a Board recommendation when the defendant is not […]
The Third Department determined defendant’s waiver of his right to appeal, which included a written waiver, was not sufficient because it was not clear he understood the waiver was separate and distinct from the rights given up by the guilty plea. The defendant was 21 years old, had no prior criminal history and had some […]
The Third Department determined several counts of reckless endangerment were duplicitous because there was no way for the jury to match each count with specific conduct by the defendant: Here, County Court found that the original indictment, which included seven counts of reckless endangerment, did not provide sufficient information to enable defendant to distinguish each […]
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