#ABKLaw IN THE NEWS: HON. BARRY KAMINS New York Law Journal / Law.com: A Return to Independent State Constitutionalism "The Court of Appeals recently added to its rich and diverse history of decisions that have afforded greater protection to New York citizens in the area of...
‘Braking’ News: Court of Appeals Tackles Trio of Automobile Cases In his Criminal Law and Procedure column, Barry Kamins reviews recent jurisprudence from the New York Court of Appeals regarding vehicle stops: The court clarified the legal standard required for both a traffic stop as well...
Appellate Review of Credibility Determinations at Suppression Hearings In People v. Nettles, an appellate court has, for the first time, reversed a credibility determination made at a Darden hearing. While it is axiomatic that appellate courts will give great deference to credibility determinations made at a suppression...
New Legislation Implementing Police Reform in New York In the wake of an historic wave of protests, sparked by the death of George Floyd, New York became one of the first states to enact an expansive package of police reform bills. In addition, the New York...
Bail, Discovery and Speedy Trial: The New Reforms In the midst of an historic pandemic, the Legislature enacted amendments to sweeping legislation it had enacted last year: limitations on monetary bail; expansion of discovery in criminal cases; and the enhancement of the right to a statutory...
The Criminalization of Dangerous Driving In New York, the prosecution of sober drivers who disregard minor traffic regulations and cause the death or physical injury of other motorists, pedestrians or bicyclists, has been criticized as weak or non-existent. This is due, in large part, to a...
New York Eliminates a Criminal Defense: A Due Process Violation? On June 30th, New York became the seventh state to ban what is referred to as the “gay and trans panic defense”. Under the new law (Ch.45, L. 2019) that became effective immediately, a defendant is...
Behind the scenes with #ABKLaw LIVE with Arthur Aidala and Hon. Barry Kamins Let the renovations continue at our 546 Fifth Avenue offices...
You can’t turn on the news without hearing about the Harvey Weinstein case, which is precisely why the hearing on Friday was so important to our #ABKLaw Defense Team helmed by Executive Partner Marianne Bertuna, accompanied by Diana Fabi Samson, Arthur Aidala and Hon. Barry...
A BLOG from our #ABKLaw Partner Hon. Barry Kamins: Landmark Discovery Legislation in Criminal Cases Almost a half century ago, New York enacted a discovery statute that provided minimal discovery for defendants in criminal cases. That statute is about to be repealed and replaced with a groundbreaking new...