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Touro Law Review

Touro Law Review

Annual New York State Constitutional Law Issue

Prefatory Matter

Table of Contents

First Amendment

The First Amendment’s Freedom of Harassment - People v. Pierre-Louis
Lina R. Carbuccia

Ambiguity in the Realm of Defamation: Rhetorical Hyperbole or Provable Falsity? - Gorilla Coffee, Inc. v. New York Times Co.
Tiffany Frigenti

Condoms: The New Medium of Expression Protected by the First Amendment- People V. Andujar
Leodyne Calixte

Second Amendment

Guns and Ammo: For Convicted Americans Viewing Pictures of Others Enjoying Their Constitutional Right to Bear Arms in a Magazine is the Closest They Will Ever Get to Seeing the Second Amendment at Work - People V. Hughes
Ronald P. Perry

Fourth Amendment

It’s In the Bag: Voluntariness, Scope, and the Authority to Grant Consent - United States v. Harris
Daniel Fier

The Inevitable Discovery Rule - Justice Served or Justice Thwarted? - People v. Pinckney
Danielle M. Hansen

Search and Seizure: New York vs. Federal Approach - People v. Keita
Tillie S. Mirman

Fifth Amendment

Trial Error Blunder: Compounded Use of Defendant’s Post-Arrest Silence for Impeachment and Summation Purposes is Not Harmless - People v. Tucker
Robert Mitchell

New York’s Grant of Greater Fifth Amendment Rights to Sexual Predators in SOMTA Proceedings - New York v. Suggs
Lina R. Carbuccia

I’ll Take “Improper Declarations Of Mistrial” for $2,000.00: Applying the Protection Against Double Jeopardy - Robar v. Labuda
Daniel Fier

Turn-Coat Disclosure: The Importance of Following Procedure - Turturro v. City of New York
Brittany A. Fiorenza

Sixth Amendment

An Unappealing Decision for New York DWI Defendants - People v. Pealer
Christopher Gavin

The Decline of the Confrontation Clause in New York - People v. Encarnacion
Anthony Fasano

Testimonial Statements: The Death of Dying Declarations? - People v. Clay
Sarah R. Gitomer

Someone Call 911, Crawford is Dying - People v. Duhs
Caroline Knoepffler

Confronting the Confrontation Clause: Addressing the Unanswered Question of Whether Autopsy Reports are Testimonial Evidence - People v. Hall
Bailey Ince

Judge Leon D. Lazer Tributes

Leon Lazer: The Giant Among Us
Howard Glickstein

On the Occasion of Leon Lazer’s 90th Birthday
Jeffrey B. Morris

A Tribute to Judge Lazer
Rena C. Seplowitz

A Demanding Boss
Rodger D. Citron

Getting it Right
Eileen Kaufman

Ode to Judge Leon D. Lazer
Martin A. Schwartz

A Judge’s Judge
Sol Wachtler

Federal Sentencing

The Absentee Post-Conviction Constitutional Safeguards – People v. Zowaski
Danielle M. Hansen

First Amendment

The First Amendment’s Freedom of Harassment - People v. Pierre-Louis
Lina R. Carbuccia

Ambiguity in the Realm of Defamation: Rhetorical Hyperbole or Provable Falsity? - Gorilla Coffee, Inc. v. New York Times Co.
Tiffany Frigenti

Condoms: The New Medium of Expression Protected by the First Amendment- People V. Andujar
Leodyne Calixte

Fourth Amendment

It’s In the Bag: Voluntariness, Scope, and the Authority to Grant Consent - United States v. Harris
Daniel Fier

The Inevitable Discovery Rule - Justice Served or Justice Thwarted? - People v. Pinckney
Danielle M. Hansen

Search and Seizure: New York vs. Federal Approach - People v. Keita
Tillie S. Mirman

Fourth Amendment and Automobiles

Do Automobile Passengers Have a Legitimate Expectation of Privacy? An Analysis of Reasonable Expectation Under The Fourth Amendment - People v. Howard
Lisa Belrose

Roving Border Patrols In New York – Sometimes the Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops and Consent Searches Based Upon Reasonable Suspicion - People v. Banisadr
Robert Mitchell

Vehicle Checkpoints: The Ever-Expanding Array of Purposes for Which a Vehicle May be Stopped - People v. Gavenda
Jan Lucas

Eavesdropping Under New York and Federal Law: How New York is Departing from Long-Standing Interpretations Mirroring Federal Law - People V. Rabb
Bailey Ince

Fifth Amendment

Trial Error Blunder: Compounded Use of Defendant’s Post-Arrest Silence for Impeachment and Summation Purposes is Not Harmless - People v. Tucker
Robert Mitchell

New York’s Grant of Greater Fifth Amendment Rights to Sexual Predators in SOMTA Proceedings - New York v. Suggs
Lina R. Carbuccia

I’ll Take “Improper Declarations Of Mistrial” for $2,000.00: Applying the Protection Against Double Jeopardy - Robar v. Labuda
Daniel Fier

Turn-Coat Disclosure: The Importance of Following Procedure - Turturro v. City of New York
Brittany A. Fiorenza

Second Amendment

Guns and Ammo: For Convicted Americans Viewing Pictures of Others Enjoying Their Constitutional Right to Bear Arms in a Magazine is the Closest They Will Ever Get to Seeing the Second Amendment at Work - People V. Hughes
Ronald P. Perry

Sixth Amendment

An Unappealing Decision for New York DWI Defendants - People v. Pealer
Christopher Gavin

The Decline of the Confrontation Clause in New York - People v. Encarnacion
Anthony Fasano

Testimonial Statements: The Death of Dying Declarations? - People v. Clay
Sarah R. Gitomer

Someone Call 911, Crawford is Dying - People v. Duhs
Caroline Knoepffler

Confronting the Confrontation Clause: Addressing the Unanswered Question of Whether Autopsy Reports are Testimonial Evidence - People v. Hall
Bailey Ince

Waiver of Sixth Amendment Rights

Flying Solo Without a License: The Right of Pro Se Defendants to Crash and Burn - People v. Smith
Tiffany Frigenti

What are we Searching For? Conditions, Elements, and Requirements for a Valid “Searching Inquiry” in the State of New York - People v. Crampe
Dean M. Villani

Sixth Amendment Right to Effective Assistance of Counsel

A Cumulative Approach to Ineffective Assistance: New York’s Requirement that Counsel’s Cumulative Efforts Amount to Meaningful Representation - People v. Bodden
Jan Lucas

The Sanctity of the Attorney-Client Relationship – Undermined by the Federal Interpretation of the Right to Counsel - People v. Borukhova
Tara Laterza

Watch Your Step: Recovery for Inmate Slip and Fall - Rodriguez v. City Of New York
Brittany A. Fiorenza