Appellate Division Law Library

Handling a Criminal Case in New York

It's among the most heavily used books in the library and we make sure there's a non-circulating copy that's always on hand if all the others are out. The past couple of years we've had to add a fifth copy. We're talking about Gary Muldoon's Handling a Criminal Case in New York, the new edition of which is now on the shelf. Recent developments covered include

► Juvenile delinquency: discussion of the “Raise the Age” law, affecting charges against those who are 16 to 18 years old.

► DWI: Video of chemical breath test and statements made to police, including initial refusal, not administered within two hours, were inadmissible.

► Changes to statutes affecting a defendant’s appearance in court and bail.

► New discovery statute effective in 2020.

► New speedy trial statute effective in 2020.

► Standard for ineffective assistance on appeal.

► Failing to apply for expert services, on the belief that these were unavailable, may constitute ineffective assistance.

► Admissibility of statements to internal affairs.

► Authority of defendant vs. defense counsel in making decisions: The Supreme Court has held that a defendant has the right to choose the objective of his defense, and may make counsel refrain from admitting guilt.

► Barring Internet and legal pornography: a prohibition of a parolee’s access to Internet and to viewing legal adult pornography has been found improper.