NY Defender Digest articles from February 2002

NY Defender Digest archives from February 2002

Is one entitled to a new trial if a juror during voir dire gives false answers or withholds information relating to his qualifications?(Brief Article)
February 15, 2002... A juror is unfit to serve if he or she fails to meet the qualifications set forth in CPL 270.20(1)(a). Under Judiciary Law 510, a juror must be fluent in English, a citizen of the United States, a resident of the county in which the trial is...

May a fingerprint expert testify to a `match' between the latent and inked prints in light of Daubert v. Merrell Dow?(Brief Article)
February 15, 2002... One lower federal court, U.S. v. Plaza,--F.Supp3d--, (ED Pa, 1/7/02), has stopped short of permitting a government fingerprint examiner to testify that a comparison between one's latent prints found at the scene and the `rolled' or inked...

Is a Sandoval ruling error if the People are permitted to cross-examine defendant as to the nature of prior convictions?(Brief Article)
February 15, 2002... The Court of Appeals has said no, People v. Hayes,--NY2d--, (2/7/02). Trial courts will often agree to a `Sandoval compromise,' that should defendant elect to testify, the prosecution may inquire into certain convictions, while precluding any...

May defendant be cross-examined as to charges for which he had pleaded guilty but for which he was not yet sentenced?(Brief Article)
February 15, 2002... A defendant may not be cross-examined as to other pending charges either before a grand jury, People v. Smith, 87 NY2d 715 or upon trial, People v. Betts, 70 NY2d 289. The theory here is that any such elicitation would conflict with a...

May a defendant, for whom no death notice was ever filed, plead guilty and be sentenced to life without parole?(Brief Article)
February 15, 2002... In a case of first impression, the Court of Appeals has said yes. You may recall that in Matter of Hynes v. Tomei, 92 NY2d 613 (1999) the court struck down certain plea provisions of the death penalty statute as unconstitutional. The Hynes...

Is justification a defense to a burglary such that a defendant may use deadly physical force, PL 35.20?(Brief Article)
February 15, 2002... In our last issue, No. 3, we discussed the applicability of a justification defense in the circumstance where a third person or bystander is shot rather than the intended victim. We noted that so long as the evidence provides reasonable...

What are `material' stages of a trial at which defendant possesses a right to be present?(Brief Article)
February 15, 2002... CPL 260.20 enumerates certain fundamental rights of an accused to be present at this trial. A defendant also has the right to attend proceedings which are considered ancillary to a material stage. See, People v. Roman, 88 NY2d 18. Material...

How is the crime of enterprise corruption, PL 460.20, properly pleaded in the indictment?(Brief Article)
February 15, 2002... Enacted in 1966, and similar to the federal RICO statute, this class B felony provides for three alternative courses of conduct aimed primarily at organized crime. An indictment must alleged a `criminal enterprise' and well as a `pattern of...