Lexis Nexis New York Confessions
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Product description
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Written for both lawyers and judges, New York Confessions offers complete coverage of admissibility and exclusion of a defendant's statements under New York law and is divided into three sections:
•Admissibility and Suppression of a Defendant's Statement: Part 1 covers the Miranda rule, New York's right to counsel rules, traditional involuntariness, statements derived from unlawful conduct, and Criminal Procedure Law section 60.45
•Statement Suppression Litigation: Part 2 covers notice requirements under the Criminal Procedure Law, motion papers, responses and orders granting hearings, suppression hearings, burden of proof, courtroom closure, rules of evidence, discovery, reopening of suppression hearings, and appeals from suppression rulings.
•Use of a Defendant's Statements at Trial: Part 3 covers express admissions, implied and adoptive admissions, admissions by counsel, the rule of fairness, redaction, use of statements made in a courtroom, use of guilty pleas, use of silence, use of suppressed statements for impeachment purposes, and litigation of the voluntariness of a defendant's statements before the jury.
This handy, portable resource also includes a timeline setting out the chronological development of the law of confessions.
The 2023 edition ISBN is 9781663362575.
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Featured Authors
Judge John J. Brunetti
Judge John J. Brunetti is a Judge of the Oneida Indian Nation Court after having served over twenty-two years as a Judge of the Court of Claims and Acting Justice of the Supreme Court, Criminal Term, Onondaga County, 1995–2017. In 2019, he received the Ruger Award (named in honor of Syracusan Hon. William C. Ruger, seventeenth Chief Judge of New York) from the Onondaga County Bar Association which in its forty-four-year history had previously been given to only five state court judges and five federal judges. He previously served as First Deputy District Attorney of Onondaga County, Assistant United States Attorney for the Northern District of New York, Legislative Counsel to State Senator John A. DeFrancisco (Deputy Majority Leader) twice (1993-1995 and 2018), as well as retained and assigned defense counsel in criminal matters for more than a decade while in private practice.
Judge Brunetti is a graduate and has served on the faculty of the Institute for Judicial Education at the University of Memphis. He has served as Co-chair of the Criminal Law Curriculum Committee for the New York State Judicial Institute and as a member of the Evidence Curriculum Committee. He is a frequent presenter at seminars and training programs, both at the state and federal levels.
Table of contents
PART 1: ADMISSIBILITY AND SUPPRESSION OF A DEFENDANT'S STATEMENT, ADMISSION OR CONFESSION
Chapter 1 The Five Grounds for Statement Suppression
Chapter 2 The Miranda Rule
Chapter 3 The New York Right to Counsel Rules
Chapter 4 Statements Derived From an Initial Constitutional Violation
Chapter 5 Traditional Involuntariness in the Twenty-first Century
Chapter 6 Statutory Grounds for Suppression of Evidence
PART 2: STATEMENT SUPPRESSION LITIGATION
Chapter 7 Notice and Preclusion of Statements
Chapter 8 Motion Papers, Responses and Orders
Chapter 9 Suppression Hearings, Decisions and Orders
PART 3: THE USE OF A DEFENDANT'S STATEMENTS AT THE TRIAL
Chapter 10 Statements, Admissions, and Confessions
Chapter 11 The Admissibility of Guilty Pleas and Statements Made in Connection With Their Negotiation and Entry
Chapter 12 Use of Defendant's Statements or Testimony Made Before a Court or Grand Jury
Chapter 13 Use of Defendant's Silence or Invocation of Rights
Chapter 14 Use of Suppressed Statements
Chapter 15 Issues Relating to the Jury's Consideration of a Defendant's Statements
TABLE OF CASES
INDEX
