Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Are Executions In New York Inevitable?, Ronald J. Tabak
Are Executions In New York Inevitable?, Ronald J. Tabak
Fordham Urban Law Journal
This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.
Stop And Frisk In New York: Fleeing Suspects And Anonymous Tips, Kenneth M. Dorros, Kenneth M. Doros, Kenneth M. Doros, Kenneth M. Doros
Stop And Frisk In New York: Fleeing Suspects And Anonymous Tips, Kenneth M. Dorros, Kenneth M. Doros, Kenneth M. Doros, Kenneth M. Doros
Fordham Urban Law Journal
This Note focuses on two areas of uncertainty: the authority to stop and frisk fleeing suspects and the appropriate grounds to stop and frisk a suspect based on an anonymous tip. Four years ago, the ambiguities of a controversial New York Court of Appeals decision threw the lower courts into disarray as the standard of suspicion necessary to justify a police officer's pursuit of a fleeing suspect. This Note attempts to clarify those ambiguities and suggests a more reasonable approach for adoption by the court of appeals. This Note also explores the extent to which an anonymous tip can serve …
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris
Fordham Urban Law Journal
Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …
Criminal Law- Reckless Endangerment And Coercion- Union Officials May Be Liable To Criminal Prosecution In Strike Of Essential Public Employees. People V. Vizzini, 78 Misc. 2d 1040, 359 N.Y.S.2d 143 (Sup. Ct. 1974)., James Clark Quinn
Fordham Urban Law Journal
Defendants, officers of the Uniformed Firefighters Association (UFA), were charged with reckless endangerment in the second degree, attempted coercion, reckless endangerment of property, and related crimes. The basis of these charges was the five and one-half hour New York City fireman's strike called by defendants despite express Taylor Law prohibitions against strikes by public employees. Defendants moved to dismiss the indictment on the grounds that a strike by firemen could not be the basis of a criminal prosecution, arguing that the Taylor Law provided the exclusive remedies and sanctions for public employee labor disputes. The New York Supreme Court denied …