Second Department Holds Emergency Doctrine Did Not Apply to Warrantless Search

Marc Ringel was released from a New York State prison the weekend of December 31, 2016 to January 1, 2017 after previously pleading guilty to criminal possession and weapons charges. The Second Department of New York State’s Appellate Division unanimously overruled the Nassau County Supreme Court’s decision not to suppress the evidence leading to Mr. Ringel’s plea, which subsequently lead to the dismissal of the case. Continue reading Second Department Holds Emergency Doctrine Did Not Apply to Warrantless Search

New York Defenses Involving Mental Illness

Recently, the online forum, Above the Law, discussed what typically happens when an individual has an unexpected psychotic episode resulting in criminal charges. Defendants have the option of invoking what is colloquially called an “insanity defense.” In New York, it is an affirmative defense, asserting that the defendant was “not responsible by reason of mental disease or defect.” With this defense, the case may go to the New York Mental Health and Hygiene Department, or be retained in the regular criminal court system. Continue reading New York Defenses Involving Mental Illness

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