Appellate Court Overturns Conviction When Defendant’s Jacket Searched Without a Warrant

In People v Morales, 2015 NY Slip Op 01190, the First Department, Appellate Court revisited the law regarding search incident to lawful arrest. Generally speaking, the government must satisfy two separate requirements to justify a warrantless search of a container incident to an arrest. The first requirement is that the search is conducted during the arrest or immediately after the

Read more

Court Improperly Allowed Hearsay Testimony, However, the Error was Harmless and the Conviction Affirmed

In People v Beato, 2015 NY Slip Op 00617, the Appellate Division for the First Department did not disturb the conviction of Mr. Beato even though the Court found that the trial judge’s decision to allow the District Attorney to introduce Hearsay testimony violated the defendant’s Sixth Amendment right to confrontation. The Court held that the decisions to allow the

Read more

Conviction Reversed Because Trial Court Incorrectly Denied Cause Challenge in Jury Selection (2nd Department)

In People v Harris, 2015 NY Slip Op 00554, the Second Department overturned the conviction of James Harris for Criminal Sale of a Controlled substance because the trial court, incorrectly denied the defendant’s cause challenge of a prospective juror who told the Court during jury selection that she was engaged to be married to a police officer, and she “stated

Read more