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NY Defender Digest back issues
Upon what grounds may a potential juror be disqualified other than the existence of a state of mind for an impartial verdict?
December 3, 2004... Although most challenges for cause are predicated upon the claim that a juror cannot tender an impartial verdict as a result of his of her state of mind, e.g., favoring police testimony of having a biased opinion resulting from the nature of the charges against the defendant, 'actual bias',...
To what extent must an indictment charging sex offenses against an infant be time specific?
December 3, 2004... The Court of Appeals first addressed this question in People v. Keindl, 68 NY2d 410 (1987). Keindl, held that the time span of the alleged events in the indictment were too great to require to defend against. It also explained that although an accused is entitled to the time and place of...
May a conviction for VTL 1192 be sustained absent a proper foundation that the testing equipment was in proper working order?
December 3, 2004... And if not, will it also impact upon a conviction for [section] 1192? As part of its direct case, the People are required to lay a proper foundation for admission of the BAC test. Specifically, testimony must be elicited from the witness who conducted the test as to whether the testing...
What jurisdictional requirements must be met before a felony complaint may be removed to Family Court for prosecution as a juvenile offender?
December 3, 2004... CPL 180.75 provides that when a juvenile offender is arraigned before a local criminal court upon a felony complaint, the court shall order removal to Family Court at the DA's request if, upon consideration of the criteria specified in CPL 210.43(2), removal is determined to be 'in the...
When may a trial court admit into evidence uncharged crimes under the notion of 'completing the narrative'?
December 3, 2004... In appropriate instances, evidence of uncharged crimes may be allowable as background of narrative because juries might otherwise 'wander helpless' attempting to sort out ambiguous but material facts', People v. Till, 87 NY2d 835 (1995) (evidence of uncharged robbery permitted in weapons...