Gary Muldoon's Criminal Law Issues©

Criminal Law Issues

  1. Felony DWI conviction as a predicate felony offense.
  2. Constitutional challenge to predicate felony conviction.
  3. Recalculating jail time credit on an intermittent sentence.
  4. Defense right to Rosario material when Molineux evidence is introduced.
  5. Sealed Indictment.
  6. Requirements for obtaining a supporting deposition.
  7. Do Family Court contempt proceedings bar criminal proceedings?
  8. Who gives notice for the defendant to testify at grand jury?
  9. What is the effect of a defendant being indicted on a misdemeanor?
  10. Scope of the state of mind exception to the hearsay rule.
  11. May a defendant's testimony from an administrative hearing be introduced at a criminal trial?
  12. Use of witness lists at trial.
  13. To what extent is the "residuum of legal evidence" rule applicable in criminal proceedings?
  14. At a criminal trial, may the jury decide legal or constitutional issues?
  15. May the NYS Attorney General's Office represent a town justice who is sued?
  16. Sentencing for a crime the defendant was not convicted of.
  17. To what extent does a sentencing court have the power to change a sentence already imposed?
  18. How to compute the time period with a prior DWI conviction, for purposes of a felony DWI charge.
  19. How (and whether) a defendant can challenge the constitutionality of a previous conviction.
  20. Sufficiency and weight of the evidence as issues on appeal.
  21. The effect of a rightful owner of property not testifying in larceny cases.
  22. Felony complaint vs. indictment or superior court information.
  23. Whether testimony of a witness adduced at grand jury can be used at trial, when the witness is absent.
  24. Propriety of closing a courtroom during a trial or hearing.
  25. Admissibility of "Collateral Evidence"
  26. Defendant's Reciprocal Rosario Issues
  27. Parker Warnings
  28. What comes within the sealing requirement of CPL §160.50?
  29. Criminal motion practice in the Fourth Department
  30. Court's misunderstanding of sentencing range
  31. Going bench - choosing between a jury or non-jury trial
  32. What is an inclusory concurrent count?
  33. Presumptions in New York Criminal Law
  34. Trial Order of Dismissal
  35. Opening the Door
  36. Bootstrapping Charges & Presumptions
  37. Intoxication as a Defense
  38. Use of a stipulation in criminal cases
  39. Effect of Alford plea of guilty
  40. Partial verdicts
  41. New York statutes that concern drinking by minors
  42. Representing a Witness
  43. Forman Hearings
  44. Admissibility of absent witness's statement at trial; Right of confrontation
  45. Admissibility of "inferential hearsay" at a trial
  46. Sequentiality of convictions for enhanced felony sentencing
  47. Effect of Intoxication on Lesser Included Offense
  48. The Alibi Notice
  49. Recent Changes in Sex Offense Prosecutions
  50. Excited Utterance Exception
  51. Under what circumstances may a prosecutor submit charges to a grand jury in New York where that body has previously voted?
  52. Retainer agreements in criminal cases
  53. "Butterfly knife" is not a "gravity knife" in New York State
  54. Effect of misdemeanor conviction on attorney
  55. Effect of Homicide Conviction on Inheritance Rights
  56. Criminal law proceedings that are conducted ex parte or in camera
  57. COA Rules Revisions in Criminal Cases
  58. Defense Counsel’s Role in Presentence Investigation
  59. Trial Order of Dismissal Redux
  60. Attempting Attempts - A Tempting Subject
  61. SORA Introduction
  62. SORA Risk Assessment
  63. SORA Hearings
  64. SORA Risk Assessment Methodology
  65. Variances from the Risk Level Assessment Instrument's Numerical Score
  66. Court Order after a SORA Classification Hearing, and Appellate Remedies
  67. Lesser Included Offenses in New York State
  68. Defendant’s Right to Jury Trial with a Misdemeanor
  69. Disciplinary Issues in Criminal Law Practice
  70. Post-Release Supervision
  71. Methods of Release from State Prison
  72. Discretion of a Judge in Making Rulings
  73. Drug Reform Acts
  74. Types of Restricted Driving Licenses
  75. New Mandatory Fines & Surcharges
  76. Civil Penalty for Shoplifting
  77. Advising the Defendant of Right to Appeal
  78. Immunity from Prosecution

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