Muldoon, Getz & Reston

Welcome to the law firm of Muldoon, Getz & Reston - Serving Rochester since 2003

Issues In NY Criminal Law--Vol. 4, #6©

Issue: Presumptions in New York Criminal Law

A number of presumptions exist in criminal law. These presumptions may affect who has the burden of proof. It should be noted that a presumption is rebuttal. These presumptions include:

  1. Presumption of a defendant's sanity, People v Silver, 33 NY2d 475, 354 NYS2d 915 (1974); People v Morales, 125 AD2d 605, 509 NYS2d 658 (2d Dept. 1986); Handling a Criminal Case in New York § 15:44.
  2. Presumption of defendant's competency to stand trial, People v Vega, 73 Misc 2d 857, 342 NYS2d 693 (Crim Ct. 1973). Handling § 15:55.
  3. Presumption of validity that attaches to a search warrant, People v Castillo, 80 NY2d 578, 592 NYS2d 945 (1992); People v Ortiz, 234 AD2d 74 , 650 NYS2d 223 (1st Dept. 1996). Handling § 9:118.
  4. Presumption of innocence, People v Guzman, 164 AD2d 828, 559 NYS2d 550 (1st Dept. 1990); 1 CJI (NY) 3.05, 6.10. Handling § 18:430.
  5. Presumption that an indictment is based on legal and sufficient evidence, People v Howell, 3 NY2d 672, 171 NYS2d 801(1958); People v Bergerson, 17 NY2d 398, 271 NYS2d 236 (1966); People v Grant, 215 AD2d 114, 626 NYS2d 87 (1st Dept. 1995). Handling § 6:37.
  6. Presumption of regularity that attaches to judgments of conviction, People v Williams, 237 AD2d 644, 654 NYS2d 846 (3d Dept. 1997). Handling § 23:39.
  7. Presumption that defense counsel rendered effective assistance, People v Finch, 199 AD2d 278, 604 NYS2d 222 (2d Dept. 1993) (trial); People v DeLaHoz, 131 AD2d 154, 520 NYS2d 386 (1st Dept. 1987) (appeals). Handling §§ 2:79, 23:95.
  8. Presumption of a statute's constitutionality, People v Davis, 43 NY2d 17, 400 NYS2d 735 (1977). Handling § 15:141. Presumption against waiver of constitutional rights, People v Howard, 50 NY2d 583, 430 NYS2d 578 (1980), cert denied 449 US 1023 (1980). Handling § 9:47.

In addition, the Penal Law contains a number of presumptions. Typically these function as a "shortcut," to allow the prosecution to establish an element of a crime by establishing other facts.

QUOTATION:
Finders, minders, binders and grinders?
Finders: The originators of business in a law firm.
Minders: Those who maintain and retain the client and often enlarge the client work
Grinders: Those who do the work on the matter.
Binders: Those engaged in management and administrative matters or in important consequential bar or community activity.
-- Daniel J. Cantor, "Dividing Law Firm Income: The Smith System and Its Mutations," NYS Bar Journal, Nov. 1976.

 

Copyright© 1999-2008 by Gary Muldoon. All rights reserved.