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Lexis Nexis New York Criminal Practice
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New York Criminal Practice, Second Edition provides unparalleled treatment of New York's substantive and procedural criminal law-from arraignment to appeals. This set offers in-depth coverage of specific penal law offenses and available defenses, pre-trial and trial procedure, sentencing requirements, and criminal appeals, with over 300 sample forms.
New York Criminal Practice, Second Edition is procedurally organized starting with an analysis of the criminal process and ending with discussions of discrete Penal Law Offenses and updated three times a year, under the supervision of a six-member Editorial Board, with chapters prepared by seasoned experts on New York criminal law. During 2005, New York Criminal Practice, Second Edition was substantially revised and reorganized adding new sections on cutting-edge New York criminal topics such as changes to the Rockefeller sentencing laws, and also adding descriptive section headings and a new numbering system for more efficient location of relevant materials.
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Featured Authors
Gordon Mehler
Schwartz, Robert Hill
Jay Shapiro
Hon. Barry Kamins
Gordon Mehler
Mr. Mehler is a private practitioner in New York City specializing in criminal and civil litigation. During the Clinton Administration he served as a Deputy Assistant Attorney General at the United States Department of Justice in Washington. Before that, he supervised the prosecution of public corruption and government-related fraud cases as Chief of Special Prosecutions (Public Integrity) at the United States Attorney's Office for the Eastern District of New York. He also worked as an American government resident legal advisor to the Government of Romania, and taught as an Adjunct Associate Professor at Fordham University School of Law. Mr. Mehler opened his own law practice in 2000.
Mr. Mehler was born in Denver and completed his undergraduate studies at the University of Colorado. He received his law degree from New York University. He was a law clerk to a judge on the U.S. Court of Appeals for the 10th Circuit, and began his legal career as an associate at Skadden, Arps, Slate, Meagher & Flom in New York City. He has written for a variety of periodicals including, The American Lawyer and The New York Times. He is also the co-author of Mehler, Gleeson and James, Federal Criminal Practice: A Second Circuit Handbook (Lexis-Nexis/ Matthew Bender 2010), now in its 11th edition.
Jay Shapiro
Jay Shapiro is a partner in the New York City office of White and Williams LLP and co-chairs the firm’s co-chair of Cyber Law and Data Protection Group. He has almost 40 years' experience as a litigator and represents clients in connection with fraud related litigation and investigations, including corporate internal investigations, criminal and regulatory enforcement and insurance fraud. Additionally, he represents clients in resolving trademark and copyright matters.
Mr. Shapiro has written and co-authored numerous publications including: co-author, with Prof. Lewis R. Katz, New York Suppression Manual (Matthew Bender, 1990); revision author, Criminal Law Deskbook (Matthew Bender); contributing editor, Criminal Law Advocacy Reporter (Matthew Bender); Bender's New York Evidence, CPLR (Matthew Bender); draft co-author, Moore's Federal Practice, 3d Ed., Summary Judgment (Matthew Bender); author, Terrorism, the Constitution, and the Courts, New York Law School Journal of Human Rights, Volume 18 (Spring 2002).
Mr. Shapiro is also an Adjunct Professor of Law, New York Law School (1989 to the present) and served as a faculty member of the New York Prosecutor's Training Institute, the New York City Police Department's Criminal Investigators' Course and the New York City Fire Marshal's Training Program.
Mr. Shapiro is admitted to practice in New York (1981), the U.S. District Court, Southern and Eastern Districts of New York (1981 and 1988, respectively) and the U.S. Court of Appeals, Second Circuit (1981). He received his A.B. from Middlebury College (1977) and earned his J.D. from Case Western Reserve University School of Law (1980).
Hon. Barry Kamins
The Honorable Barry Kamins, a retired Supreme Court Justice, is a partner at Aidala, Bertuna and Kamins. Before his retirement he was Administrative Judge of the Criminal Court of New York City, Administrative Judge for Criminal Matters for the Second Judicial District and Chief of Policy and Planning for the New York Court System. He was appointed a Criminal Court Judge by Mayor Michael Bloomberg on September 11, 2008 and was elevated to Acting Supreme Court Justice on May 6, 2009. Judge Kamins was elected a State Supreme Court Justice on January 1, 2013.
Judge Kamins is an Adjunct Professor at Brooklyn Law School where he teaches New York criminal practice. He is the author of New York Search and Seizure and writes the Criminal Law and Practice column for the New York Law Journal.
From 1969 to 1973, Judge Kamins served as an Assistant District Attorney in Kings County where he was Deputy Chief of the Criminal Court Bureau. Before serving as a Judge, he was a partner in Flamhaft Levy Kamins Hirsch & Rendeiro LLP.
Judge Kamins is former President of the Association of the Bar of the City of New York and formerly chaired the Advisory Committee on Criminal Law and Procedure for the Chief Administrative Judge of New York. He is a past Chair of the New York State Permanent Sentencing Commission. Judge Kamins is past Chairman of the Grievance Committee of the 2nd and 11th Judicial Districts. In addition, he is a former member of the New York State Continuing Legal Education Board. He is currently a member of the Board of Trustees on the Historical Society of the Courts of New York State. He chaired the State Bar’s Task Force on Wrongful Convictions and a former member of the Justice Task Force dealing with wrongful convictions.
Judge Kamins lectures extensively on criminal law for the Office of Court Administration and to prosecutors and defense attorneys. Over the years, he has been appointed by the courts to serve on several committees dealing with problems in the criminal justice system; the Commission on the Future of Indigent Defense Services; the Commission on Drugs and the Courts; the Committee to Promote Public Trust and Confidence in the Legal System; the Committee on Guidelines for Representation of Indigent Defendants’ the New York Task Force on Procession Civilian Complaints by the New York City Criminal Court; and the Assigned Counsel Plan Advisory Committee of the Appellate Division, Second Department.
He received a B.A. from Columbia College and a J.D. from Rutgers University Law School.
Table of contents
VOLUME 1
Chapter 1 Overview of Criminal Practice in New York
Chapter 2 Jurisdiction of Criminal Courts
Chapter 3 Local Criminal Courts
Chapter 4 Local Criminal Court Accusatory Instruments
Appendix 4A Forms
Chapter 5 Indictments and Superior Court Informations
Appendix 5A Forms
Chapter 6 Warrants of Arrest and Summonses; Local Criminal Courts and Superior Courts
Appendix 6A Forms
Chapter 7 Securing Attendance of Defendants for Arraignment and Prosecution
Appendix 7A Forms
Chapter 8 Juvenile Offender Proceedings
Appendix 8A Forms
Chapter 9 Local Criminal Court Arraignment and Related Issues
Appendix 9A Forms
Chapter 10 Preliminary Hearing
Appendix 10A Forms
Chapter 11 Grand Jury
Appendix 11A Forms
Chapter 12 Superior Court Arraignment
Chapter 13 Bail, Recognizance and Commitment
Appendix 13A Forms
Chapter 14 Mental Disease or Defect Precluding Fitness to Proceed
Appendix 14A Forms
VOLUME 2
Chapter 15 Omnibus Motions
Chapter 16 Motions to Dismiss Indictment
Appendix 16A Forms
Chapter 17 Discovery and Bills of Particular
Appendix 17A Forms
Chapter 18 Motion to Suppress Evidence
Appendix 18A Forms
Chapter 19 Warrantless Arrests
Chapter 20 Searches and Seizures
Chapter 21 Search Warrants
Appendix 21A Forms
Chapter 22 Electronic Eavesdropping
Appendix 22A Forms
Chapter 23 Confessions
Appendix 23A Forms
Chapter 24 Identification Evidence
Appendix 24A Forms
VOLUME 3
Chapter 25 Removal and Change Of Venue
Appendix 25A Forms
Chapter 26 Speedy Trial
Appendix 26A Forms
Chapter 27 Public Trial
Chapter 28 Jury and Non-Jury Trials
Appendix 28A Forms
Chapter 29 Formation and Conduct of Trial Jury
Appendix 29A Forms
Chapter 30 Trial Strategy
Appendix 30A Forms
Chapter 31 Securing Attendance of Non-Prisoner Witnesses
Appendix 31A Forms
Chapter 32 Production As Witnesses of Prisoners and Persons Confined Inside and Outside New York State
Appendix 32A Forms
Chapter 33 Evidence
Appendix 33A Forms
Chapter 34 Privileged Communications
Chapter 35 Implications of Co-Conspirators Exception of Hearsay Rule
Chapter 36 Testimony
Appendix 36A Forms
Chapter 37 Mistrial And Trial Order of Dismissal
Appendix 37A Forms
Chapter 38 Jury Instructions
Appendix 38A Forms
Chapter 39 Jury Deliberation and Verdict
VOLUME 4
Chapter 40 Proceedings from Verdict to Sentence
Chapter 41 Pre-Sentence Reports and Proceedings
Appendix 41A Forms
Chapter 42 Classification of Offenses, Authorized Dispositions and Punishment
Appendix 42A List of Violent Felony Offenses (Penal Law § 70.02)
Appendix 42B Specified Eligible Offenses for Parole Supervision
Appendix 42C Possible Sentences for Felony Drug Offenders
Appendix 42D Specified Offenses to Which Hate Crime Law Applies (Penal Law § 485.05(3))
Appendix 42E Forms
Chapter 43 Post-Judgment Motions
Appendix 43A Forms
Chapter 44 Appeals
Appendix 44A Forms
Chapter 45 Forfeiture of Proceeds of Crime
Chapter 46 Pardon and Related Acts of Clemency
Appendix 46A Forms
Chapter 47 State Habeas Corpus
Appendix 47A Forms
Chapter 48 Federal Habeas Corpus
Appendix 48A Forms
VOLUME 5
Chapter 49 Criminal Liability, Culpability and Capacity
Chapter 50 Immunity from Prosecution and Statute of Limitations
Appendix 50A Forms
Chapter 51 Acting In Concert and Other Issues of Joint Liability
Chapter 52 General Defenses
Chapter 53 Defenses of Mental Disease or Defect and Post-Judgment Procedures
Chapter 54 Defense of Justification
Chapter 55 Double Jeopardy
VOLUME 6
Chapter 56 Attempt, Solicitation, Conspiracy and Facilitation
Chapter 57 Assault and Related Offenses
Chapter 58 Homicide and Abortion
Chapter 59 Sex Offenses and Offenses Against Marriage
Chapter 60 Kidnapping, Coercion and Custodial Interference
Chapter 61 Burglary and Criminal Trespass
Chapter 62 Criminal Mischief and Related Offenses
Chapter 63 Arson
Chapter 64 Larceny
Chapter 65 Robbery
Chapter 66 Other Offenses Related to Theft, Computer Crimes and Trademark Counterfeiting
VOLUME 7
Chapter 67 Forgery and False Written Statements
Chapter 68 Fraudulent Schemes and Loansharking
Chapter 69 Bribery Not Involving Public Servants and Related Offenses
Chapter 70 Bribery—Public Servants
Chapter 71 Official Misconduct and Obstruction Of Government Operations
Chapter 72 Escape and Other Offenses Relating to Custody
Chapter 73 Perjury and Related Offenses
Chapter 74 Offenses Relating to Judicial and Other Proceedings
Chapter 75 Controlled Substances Offenses and Marijuana Offenses
Chapter 76 Gambling Related Offenses
Chapter 77 Prostitution and Offenses Against Public Sensibilities
Chapter 78 Indecent Materials to Minors
Chapter 79 Offenses Against Right to Privacy
Chapter 80 Offenses Against Public Order
Chapter 81 Offenses Specifically Relating to Children and Incompetents
Chapter 82 Firearms and Other Dangerous Weapons Offenses
Chapter 83 Fireworks and Other Offenses Relating to Public Safety
Chapter 84 Enterprise Corruption, Money Laundering, Insurance Fraud and Martin Act
Chapter 85 Vehicle and Traffic Law and Other Miscellaneous Offenses
Chapter 86 Professional Responsibility
VOLUME *
Index
