Touro Law - Vol. 28, No. 3

Academics

TOURO LAW REVIEW


	Vol. 28, No. 3 - 2012

TABLE OF CONTENTS
JUDGE LEON D. LAZER TRIBUTES

Leon Lazer: The Giant Among Us	Dean Howard Glickstein

A Judge's Judge	Judge Sol Wachtler

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
FEDERAL SENTENCING

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

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

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

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

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

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

I'll Take "Improper Declarations of Mistrial" for $2,000.00: Applying the Protection Against Double Jeopardy Robar v. LaBuda	Daniel Fier

SIXTH AMENDMENT CONFRONTATION CLAUSE

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	Caroling 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

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