New York Confessions
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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.
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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 Gulity 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