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Choose Your Own Path: A Defendant’s Constitutional Right to Legal Representation

By   /  June 9, 2014  /  Constitutional Law, Featured 

Scales & Gavel

Recently, the New York Court of Appeals reviewed two cases, People v. Crampe and People v. Wingate, which were consolidated for a determination on whether defendants properly waived their right to legal counsel.

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The Federal Retreat from Protecting Defendants from Tainted Show-Up Identifications and the Superiority of New York’s Approach

By   /  June 2, 2014  /  Constitutional Law, Featured 

Gavel 3

Manuel Chuyn, the defendant, was charged with two counts of third degree assault and one count of second degree burglary. The defendant moved to reopen a Wade hearing to determine whether three eye witnesses’ pretrial show-up identifications of the defendant should be suppressed. The defendant further moved to have each witness testify at the hearing, if reopened.

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One Less Juror: A Defendant’s Right to Juror Substitution

By   /  May 26, 2014  /  Constitutional Law, Featured 

Gavel on Lawbook

Recently, the Appellate Division, Second Department reviewed People v. McDuffie to determine whether defendant had properly submitted a jury substitution waiver, and thus, properly waived his right to a jury trial. n McDuffie, defendant was brought up on charges of second-degree murder and criminal possession of a weapon.

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Consumer Contracts Law as a Special Branch of Contract Law—The Israeli Model

By   /  May 19, 2014  /  Contracts, Featured 

Contract

This Article highlights the distinction between many of the rules governing consumer contracts and those governing general contracts. The rules governing consumer contracts differ considerably from those governing general contracts, and it has even been suggested that these differences justify the classification of consumer contracts as a special branch of contract law.

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Is New York Achieving More Reliable and Just Convictions when the Admissibility of a Suggestive Pretrial Identification is at Issue?

By   /  May 15, 2014  /  Criminal Procedure, Featured 

Gavel

In People v. Delamota, the New York Court of Appeals held a pretrial photo array was unduly suggestive and therefore in violation of the defendant’s due process rights. The court held that the photo array was suggestive because the civilian interpreter used during the identification knew the defendant prior to the pretrial photo array and influenced the victim’s identification.

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The Doctor Will See You Now: An Argument for Amending the Licensing Process for Handguns in New York City

By   /  April 28, 2014  /  Constitutional Law, Featured 

Constitution with Gun

With events such as the 2007 Virginia Tech Massacre, the 2011 shooting of Congresswoman Gabrielle Giffords, and the more recent shootings at the Empire State Building, in Aurora, Colorado, and at Sandy Hook Elementary, gun control is often thrust into the limelight. Much debate and discussion ensues, but until recently, very little action has ever taken place.

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The Blueprint: Critiques of the Fingerprint and Abandonment Paradigms Utilized to Reject an Expectation of Privacy in DNA

By   /  April 22, 2014  /  Criminal Procedure, Featured 

Gavel with Book 2

The defendant, Vernon B., was charged with one count of criminal possession of a weapon in the fourth degree. On November 10, 2011, a police officer allegedly observed the defendant throwing a bag from the window of a residence, and upon inspection, he found the bag contained a loaded 9mm pistol, which subsequently tested positive for male DNA.

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Locked Glove Compartments: Searchable or Stash Spots?

By   /  April 8, 2014  /  4th Amendment, Constitutional Law, Featured 

Gavel with Book

It is imperative that law enforcement officers are cognizant of and act within the bounds of their authority when stopping a vehicle as a result of a minor traffic violation. Courts at both the federal and state levels are inundated with constitutional challenges related to searches and seizures occurring subsequent to lawful traffic stops.

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Rape Shield Laws and the Social Media Revolution: Discoverability of Social Media—It’s Social Not Private

By   /  April 2, 2014  /  Evidence, Featured 

Law Books

Rape Shield laws serve a valuable purpose in our society. Before Rape Shield laws, rape victims were forced to prove that they were in fact victims, as opposed to willing participants. To demonstrate that the victim was a willing participant, a defendant was allowed to introduce evidence regarding the victim’s sexual predisposition or prior sexual behavior.

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Qualified Immunity Developments: Not Much Hope Left For Plaintiffs

By   /  April 1, 2014  /  Civil Procedure, Constitutional Law, Featured 

Scales & Gavel

This Article highlights important developments in the qualified immunity defense to Section 1983 claims. The focus is on recent Supreme Court decisions and the fallout from such decisions in the lower courts.

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