NY court to hear case of missed police evidence

Recent Outbreaks Posted on

New York's top court will hear arguments whether a New York Police Department sergeant's failure to get statements from two witnesses to a stabbing in a Times Square theater means a man's assault conviction should be overturned.

The trial judge refused to let defense lawyers cross-examine the sergeant about the unknown bystanders, who he overheard saying the injured man pulled the knife — not suspect Kenneth Hayes — but did not question because he was busy securing the scene.

The judge also ruled the police failure to get their contact information didn't violate the Brady requirement that prosecutors disclose information to the defense that could prove their client innocent.

A midlevel court divided 3-2 in rejecting Hayes' appeal.

He was also found guilty of weapon possession in the scuffle with Charles Shell, although Hayes claimed self-defense.


Legal News Media

Legal News is the top headline legal news provider for lawyers and legalprofessionals. Read law articles and breaking news from law firm's across the United States to get the latest updates. We reserve the right, at our discretion, to change, modify, add, or remove portions of the site at any time. Your This site is solely for your personal use. You are, of course, welcome to print or otherwise copy material from this site for your personal use. However, you may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. Any unauthorized use of the text, images, audio and video may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.

 

American Bar Association – Start and Run a Law Firm

NewYorkStateBar.com – Starting a Law Firm

Lawyer Website Designs