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An Effective but Unreported Application of Lafler & Frye

By   /  February 3, 2014  /  6th Amendment, Constitutional Law, Featured 

Law Books

On November 22, 2009 Michael Verni was found wounded inside of his automobile with a firearm between his legs. He later admitted that he owned the firearm and had shot himself, which culminated in his conviction of criminal possession of a weapon in the second degree. Prior to sentencing, Verni motioned the court to set aside the verdict under New York Criminal Procedure Law Section 330.30.

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An Unappealing Decision for New York DWI Defendants

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Gavel

Perhaps the most troubling aspect of Pealer is that a significant part of the prosecution’s case is exempt from cross-examination. However, the reality is that the certificates could still be challenged on other grounds. With two of the Appellate Division departments holding that breath test certificates are non-testimonial, it does not appear likely that a challenge to the admission of breath test certificates will prevail on confrontation grounds in New York courts.

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