Issues to Develop at Trial

See below for links our monthly newsletters focusing on innovative strategies for effective trial practice.



CAL regularly shares its collective wisdom, practice pointers, and strategies for cutting-edge developments in New York’s criminal law in the form of its Issues to Develop at Trial.

March 2023 -DNA & the Confrontation Clause, and Justification & Jury Notes

December 2023 - Bruen Series - Part III

September 2023 - The Impact of Youth on Mens Rea

June 2023 - Post-conviction Fifth Amendment Protections

April 2023 - Bruen Series - Justification & Weapon Possession

January 2023 - Racial Justice Series - Seizure

September 2022 - Bruen Update

July 2022 - Bruen Series

June 2022High-Crime-Neighborhood Challenges

March 2022 -  Implicit Bias

January 2022 - Pandemic Challenges

November 2021 - Preserving a Second Amendment Challenge to New York's Gun Laws

September 2021 - Challenging the Trial Penalty

July 2021 - Challenging Pre-Textual Traffic Stops

June 2021 - Challenging the Use of Rap Music As Evidence

April 2021 -Preserving Batons Challenges for Appeal

March 2021 - Addressing Implicit Bias During Voir Dire

January 2021 - Preserving Unlawful Seizure Argument Where Client Submits to an Officer's Command to Stop

September 2020 - Preserving Confrontation Violation Where Pathologist Who Produced the Autopsy Report Is Not Called to Testify

July 2020 - Challenging Cop Credibility at Preliminary Hearings and Related Strategic Considerations

March 2020 - Probable Cause and Particualrity Challenges to Search Warrants of Cell Phones and Social Media/Computer Files 

January 2020 - CPL 245.70 Expedited Review – FAQS and Mechanics

December 2019 - Pressing for a Right of Rebuttal in Summation

September 2019 -  Moving to Dismiss the [Accusatory Instrument] on the Ground That, On Its Face and As Applied, Correction Law 168-f(4) is Unconstitutionally Vague and Violates Equal Protection

August 2019 - Out-Of-State Predicate Cheat Sheet

July 2019 - Abolishing the Excited Utterance Exception to the Rule Against Hearsay

April 2019 - Challenging the Standard CJI Interested Witness Charge

March 2019 – Challenging the Court's Reliance on "Corroboration" to Deny Defense Expert Testimony

January 2019 – DNA, Breathalyzer, and Cell Site Location Issues

November 2018 – Influential People v. Suazo Decision and Potential Equal Protection Claims

September 2018 – Judge Fiore’s New Brady Order and Some Practice Takeaways

July 2018 – Asserting Your Right to Summation in Local Criminal Court

May 2018 – Protecting Clients in a Post-Padilla “ICE”Age

April 2018 – The New Photo ID Law and DCJS Protocols

February-March 2018 – What Are Your Ethical Obligations when Post-Conviction Counsel Calls about a Possible IAC Claim?

January 2018 – Charge Requests Following People v. Boone

December 2017 – A 1st Amendment Challenge to Unlicensed General Vending in NYC

November 2017 – A Constitutional Challenge to Second-Degree Aggravated Harassment

October 2017 – Sentencing Part 2 (mandatory surcharge deferrals and SHOCK incarceration)

September 2017 – Sentencing Part 1 (undischarged parole time and “Violent Predicate Override”)

July-August 2017 – Objecting to Expert Testimony Purporting to Decode Slang

June 2017 – Moving to Suppress Cell Site Location Information

May 2017 – Using and Defending against PowerPoint Presentations

April 2017 – Using Constitutional Speedy Trial to Help Your Case

March 2017 – Crafting Certain Predicate Challenges at Sentencing

February 2017 – Special SAP Edition for Summons Court Practitioners-Debunking Myths

January 2017 – Batson Challenges Based on “Color” and the 3-Step Protocol in General

December 2016 – How to Create a Good Record for Appeal at Sentencing

November 2016 – Peoplev. Allard and Your Right to a Hearing on Your 30.30 Motion

September 2016 – Challenging First-Time in-Court Identifications

August 2016 – Using the Second Amendment in Your Weapon Cases

July 2016 – Using Prior Bad Acts Against Victims and Non-Defendant Witnesses

June 2016 – Objecting to DNA Evidence after John

May 2016 – Challenging Rikers Tapes after Johnson

April 2016 – Flaws in Selected CJI Instructions