News & Publications

CasePrepPlus Home

Current Issue

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

Click here for this week's full issue.

Click here for a mobile-friendly version. 

Not yet a member? View a sample issue by clicking here.   

Featured Case

The Defense Made a Prima Facie Showing That the Missing Witness Jury Instruction Was Appropriate; the Trial Court Improperly Placed the Burden to Demonstrate the Witness’s Testimony Would Not Be Cumulative on the Defendant; the People Did Not Meet Their Burden to Demonstrate the Testimony Would Be Cumulative

The Court of Appeals, reversing defendant’s conviction, reversing the Appellate Division, in a full-fledged opinion by Judge Feinman, determined that the trial court’s analysis of the defense request for a missing witness jury instruction improperly shifted the burden to the defendant to show that the testimony would not be cumulative. The witness, Dees, was with the shooting victim and was shot himself. The witness was the first to see the shooter in a car that passed by and tried to push the shooter away when the shooter approached. People v. Smith, 2019 N.Y. Slip Op. 04447, CtApp 6-6-19

CasePrepPlus archives are available for members only (login required).

Access the archives here.

New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.