VOLUME 1
Chapter 1 Overview of Criminal Practice in New York
Chapter 2 Jurisdiction of Criminal Courts
Chapter 3 Local Criminal Courts
Chapter 4 Local Criminal Court Accusatory Instruments
Appendix 4A Forms
Chapter 5 Indictments and Superior Court Informations
Appendix 5A Forms
Chapter 6 Warrants of Arrest and Summonses; Local Criminal Courts and Superior Courts
Appendix 6A Forms
Chapter 7 Securing Attendance of Defendants for Arraignment and Prosecution
Appendix 7A Forms
Chapter 8 Juvenile Offender Proceedings
Appendix 8A Forms
Chapter 9 Local Criminal Court Arraignment and Related Issues
Appendix 9A Forms
Chapter 10 Preliminary Hearing
Appendix 10A Forms
Chapter 11 Grand Jury
Appendix 11A Forms
Chapter 12 Superior Court Arraignment
Chapter 13 Bail, Recognizance and Commitment
Appendix 13A Forms
Chapter 14 Mental Disease or Defect Precluding Fitness to Proceed
Appendix 14A Forms

VOLUME 2
Chapter 15 Omnibus Motions
Chapter 16 Motions to Dismiss Indictment
Appendix 16A Forms
Chapter 17 Discovery and Bills of Particular
Appendix 17A Forms
Chapter 18 Motion to Suppress Evidence
Appendix 18A Forms
Chapter 19 Warrantless Arrests
Chapter 20 Searches and Seizures
Chapter 21 Search Warrants
Appendix 21A Forms
Chapter 22 Electronic Eavesdropping
Appendix 22A Forms
Chapter 23 Confessions
Appendix 23A Forms
Chapter 24 Identification Evidence
Appendix 24A Forms

VOLUME 3
Chapter 25 Removal and Change Of Venue
Appendix 25A Forms
Chapter 26 Speedy Trial
Appendix 26A Forms
Chapter 27 Public Trial
Chapter 28 Jury and Non-Jury Trials
Appendix 28A Forms
Chapter 29 Formation and Conduct of Trial Jury
Appendix 29A Forms
Chapter 30 Trial Strategy
Appendix 30A Forms
Chapter 31 Securing Attendance of Non-Prisoner Witnesses
Appendix 31A Forms
Chapter 32 Production As Witnesses of Prisoners and Persons Confined Inside and Outside New York State
Appendix 32A Forms
Chapter 33 Evidence
Appendix 33A Forms
Chapter 34 Privileged Communications
Chapter 35 Implications of Co-Conspirators Exception of Hearsay Rule
Chapter 36 Testimony
Appendix 36A Forms
Chapter 37 Mistrial And Trial Order of Dismissal
Appendix 37A Forms
Chapter 38 Jury Instructions
Appendix 38A Forms
Chapter 39 Jury Deliberation and Verdict

VOLUME 4
Chapter 40 Proceedings from Verdict to Sentence
Chapter 41 Pre-Sentence Reports and Proceedings
Appendix 41A Forms
Chapter 42 Classification of Offenses, Authorized Dispositions and Punishment
Appendix 42A List of Violent Felony Offenses (Penal Law § 70.02)
Appendix 42B Specified Eligible Offenses for Parole Supervision
Appendix 42C Possible Sentences for Felony Drug Offenders
Appendix 42D Specified Offenses to Which Hate Crime Law Applies (Penal Law § 485.05(3))
Appendix 42E Forms
Chapter 43 Post-Judgment Motions
Appendix 43A Forms
Chapter 44 Appeals
Appendix 44A Forms
Chapter 45 Forfeiture of Proceeds of Crime
Chapter 46 Pardon and Related Acts of Clemency
Appendix 46A Forms
Chapter 47 State Habeas Corpus
Appendix 47A Forms
Chapter 48 Federal Habeas Corpus
Appendix 48A Forms

VOLUME 5
Chapter 49 Criminal Liability, Culpability and Capacity
Chapter 50 Immunity from Prosecution and Statute of Limitations
Appendix 50A Forms
Chapter 51 Acting In Concert and Other Issues of Joint Liability
Chapter 52 General Defenses
Chapter 53 Defenses of Mental Disease or Defect and Post-Judgment Procedures
Chapter 54 Defense of Justification
Chapter 55 Double Jeopardy

VOLUME 6
Chapter 56 Attempt, Solicitation, Conspiracy and Facilitation
Chapter 57 Assault and Related Offenses
Chapter 58 Homicide and Abortion
Chapter 59 Sex Offenses and Offenses Against Marriage
Chapter 60 Kidnapping, Coercion and Custodial Interference
Chapter 61 Burglary and Criminal Trespass
Chapter 62 Criminal Mischief and Related Offenses
Chapter 63 Arson
Chapter 64 Larceny
Chapter 65 Robbery
Chapter 66 Other Offenses Related to Theft, Computer Crimes and Trademark Counterfeiting

VOLUME 7
Chapter 67 Forgery and False Written Statements
Chapter 68 Fraudulent Schemes and Loansharking
Chapter 69 Bribery Not Involving Public Servants and Related Offenses
Chapter 70 Bribery—Public Servants
Chapter 71 Official Misconduct and Obstruction Of Government Operations
Chapter 72 Escape and Other Offenses Relating to Custody
Chapter 73 Perjury and Related Offenses
Chapter 74 Offenses Relating to Judicial and Other Proceedings
Chapter 75 Controlled Substances Offenses and Marijuana Offenses
Chapter 76 Gambling Related Offenses
Chapter 77 Prostitution and Offenses Against Public Sensibilities
Chapter 78 Indecent Materials to Minors
Chapter 79 Offenses Against Right to Privacy
Chapter 80 Offenses Against Public Order
Chapter 81 Offenses Specifically Relating to Children and Incompetents
Chapter 82 Firearms and Other Dangerous Weapons Offenses
Chapter 83 Fireworks and Other Offenses Relating to Public Safety
Chapter 84 Enterprise Corruption, Money Laundering, Insurance Fraud and Martin Act
Chapter 85 Vehicle and Traffic Law and Other Miscellaneous Offenses
Chapter 86 Professional Responsibility

VOLUME *
Index

 

Cambareri, Stefano

Mr. Cambareri is managing partner of the Syracuse, New York law firm of Cambareri, Cambareri & Koldin, LLP and has managed the firm since its formation in 1999. His legal practice focuses primarily on criminal matters, defending a wide variety of cases including murder, narcotics possession/distribution, white-collar offenses and driving while intoxicated.

Mr. Cambareri also spent nearly nine years as an Onondaga County Assistant District Attorney where he handled cases ranging from violent felonies to petty offenses. Prior to working as an assistant District Attorney, Mr. Cambareri was an associate at the Syracuse law firm of Bond, Schoeneck & King. Mr. Cambareri has been an Adjunct Instructor of Criminal Law and Procedure at Cazenovia College in Cazenovia, New York and Bryant & Stratton College in Syracuse, New York. He has lectured on a variety of legal topics to members of the Syracuse Police Department, Onondaga County Sheriff¿s Department, Onondaga County Center for Forensic Sciences as well as various school districts and community groups.

Mr. Cambareri graduated magna cum laude from the Syracuse University College of Law in 1989 where he was a member of the Justinian Honorary Law Society and an associate editor of the Syracuse Law Review. As a member of the law review, his article entitled United States v. Pforzheimer and the Converse Silver Platter: A Closer Look was published at 40 Syr. L. Rev. 799 (1989). Mr. Cambareri also graduated cum laude from the State University of New York at Albany in 1986 with a B.S. in Business Administration.

Mehler, Gordon

Mr. Mehler is a private practitioner in New York City specializing in criminal and civil litigation. During the Clinton Administration he served as a Deputy Assistant Attorney General at the United States Department of Justice in Washington. Before that, he supervised the prosecution of public corruption and government-related fraud cases as Chief of Special Prosecutions (Public Integrity) at the United States Attorney¿s Office for the Eastern District of New York. He also worked as an American government resident legal advisor to the Government of Romania, and taught as an Adjunct Associate Professor at Fordham University School of Law. Mr. Mehler opened his own law practice in 2000.

Mr. Mehler was born in Denver and completed his undergraduate studies at the University of Colorado. He received his law degree from New York University. He was a law clerk to a judge on the U.S. Court of Appeals for the 10th Circuit, and began his legal career as an associate at Skadden, Arps, Slate, Meagher & Flom in New York City. He has written for a variety of periodicals including, The American Lawyer and The New York Times. He is also the co-author of Mehler, Gleeson and James, Federal Criminal Practice: A Second Circuit Handbook (Lexis-Nexis/ Matthew Bender 2006), now in its 7th edition.

Schwartz, Robert Hill

Mr. Schwartz is actively engaged in private practice specializing in criminal defense, with offices in New York City. He is a former Senior Trial Attorney in the Criminal Defense Division of The Legal Aid Society, a former Assistant District Attorney in Queens and Kings Counties in New York and a former Chief Assistant Attorney in the Medicaid Fraud Control Unit of the New York State Attorney General¿s Office. He served as counsel to the Mayor¿s Committee on the Judiciary in New York City, was a member of a New York State Moreland Act Commission which investigated and reported on Police Violence and the Use of Force. Mr. Schwartz is also past President of the New York Council of Defense Lawyers.

Shapiro, Jay

Mr. Shapiro is a partner in the New York City office of Katten Muchin Rosenman LLP. He is a member of the firm¿s White Collar Criminal and Civil Litigation Practice, and has 25 years experience in litigation matters. He began his legal career as a prosecutor in the Bronx County District Attorney¿s Office (1980-1988) and later joined the King¿s County District Attorney¿s Office (1990-2002) where he became the Deputy District Attorney in charge of the Rackets Division before going into private practice. Mr. Shapiro was the first recipient of the New York State Insurance Department¿s Bureau of Fraud Investigation Director¿s Award.

Mr. Shapiro has written and co-authored numerous publications including: co-author, with Prof. Lewis R. Katz, New York Suppression Manual (Matthew Bender, 1990); revision author, Criminal Law Deskbook (Matthew Bender); contributing editor, Criminal Law Advocacy Reporter (Matthew Bender); Bender¿s New York Evidence, CPLR (Matthew Bender); draft co-author, Moore¿s Federal Practice, 3d Ed., Summary Judgment (Matthew Bender); author, Terrorism, the Constitution, and the Courts, New York Law School Journal of Human Rights, Volume 18 (Spring 2002).

Mr. Shapiro is also an Adjunct Professor of Law, New York Law School (1989 to the present) and served as a faculty member of the New York Prosecutor¿s Training Institute, the New York City Police Department¿s Criminal Investigators¿ Course and the New York City Fire Marshal¿s Training Program.

Mr. Shapiro is admitted to practice in New York (1981), the U.S. District Court, Southern and Eastern Districts of New York (1981 and 1988, respectively) and the U.S. Court of Appeals, Second Circuit (1981). He received his A.B. from Middlebury College (1977) and earned his J.D. from Case Western Reserve University School of Law (1980).

Coffey, Stephen

Mr. Coffey is the supervising partner and founder of the litigation department of O¿Connell and Aronowitz in Albany, New York. Since joining O¿Connell and Aronowitz in 1975, Mr. Coffey¿s practice has been devoted exclusively to malpractice, personal injury, products liability and criminal defense. His notable reputation as a litigator has resulted in O¿Connell and Aronowitz becoming one of the most active plaintiff law firms in upstate New York.

Since being admitted to the New York State Bar in 1971, Mr. Coffey was Assistant District Attorney for Albany County (1971-75) and Chief Felony Prosecutor, 1974¿1975. As Chief Felony Prosecutor, he received the distinction as the youngest Felony Bureau Chief to serve in Albany County. Mr. Coffey was also a former Special Prosecutor in Fulton County, 1980, and Special Prosecutor in Albany County, 1981. Since 1975, he has personally handled and tried numerous malpractice, personal injury, products liability and criminal defense cases. Mr. Coffey is admitted to practice in the U.S. Supreme Court, U.S. District Court, Eastern District of New York, U.S. District Court, Southern District of New York, U.S. District Court, Western District of New York, New York State Supreme Court, Second Circuit Court of Appeals, U.S. District Court, State of Massachusetts and U.S. District Court, State of New Hampshire.

Mr. Coffey is a member of the Albany County, New York State and American Bar Associations, the New York State Trial Lawyers Association, the New York State Defenders Association, the Association of Trial Lawyers in America, and the American Board of Trial Advocates. He was most recently a co-author of an article entitled Punitive Damages published in a National Business Institute book entitled For the Plaintiff: Determining and Proving Damages-For the Defense: Limiting Damages in New York.

Mr. Coffey also teaches a practical skills course for the New York State Bar Association on Evaluation, Negotiation, and Settlement of Civil Cases. Mr. Coffey graduated from Albany Law School in 1970 and received his Bachelor¿s Degree from Siena College in 1967.

Briggs, Ron

Mr. Briggs is the Essex County District Attorney in Elizabethtown, NY. Formerly, Mr. Briggs was the Essex County Assistant District Attorney from 1979-1993 and a village attorney in the Village of Lake Placid in New York. In addition, Mr. Briggs was the founding member and managing partner of Briggs, Dwyer and Smith, P.C., a firm that handled civil litigation, municipal law and trusts and estates, among other areas of practice. Presently, Mr. Briggs serves on the Executive Committee of the New York State District Attorney¿s Association, the Essex County Task Force Against Domestic Violence, and the Essex County Multi Disciplinary Team. Mr. Briggs, a member of the New York Bar since 1976, received his J.D. from Tulane University School of Law in 1975.