Professional Documents
Culture Documents
Appellate Brief
Appellate Brief
People v. Ellerbe, 644 N.Y.S.2d 52, 53 (App. Div. 1st Dept 1996).
People v. Valentin, 603 N.Y.S.2d 539, 540 (App. Div. 2d Dept 1993).
People v. Tention, 556 N.Y.S.2d 914 (App. Div. 1st Dept 1990).
People v. Davis, 609 N.Y.S.2d 212, 213 (App. Div. 1st Dept 1994).
People v. Johnson, 657 N.Y.S.2d 27, 28 (App. Div. 1st Dept 1997).
People v. Flocker, 637 N.Y.S.2d 369, 370 (App. Div. 1st Dept 1996).
People v. Wylie, 580 N.Y.S.2d 401, 402 (App. Div. 2d Dept 1992).
Main Headings:
I. OVERRIDING INTERST:
a. Sub-point A: The prosecution has met its burden in establishing an
overriding safety and usefulness interest to justify closing the courtroom
during the trial of the defendant.
i. Press Enterprise v. Superior Court of Cal
The presumption of openness may be overcome only by an overriding
interest based on findings that closure is essential to preserve higher values
and is narrowly tailored to serve that interest. The interest is to be articulated
along with findings specific enough that a reviewing court can determine
whether the closure order was properly entered.
ii. People v. Ramos, 90 N.Y.2d 490, 498 (1997).
Protecting the safety of law enforcement officers, as a general matter,
unquestionably constitutes a compelling interestthe mere possibility that
this safety interest might be compromised by open-court testimony does not
justify abridgement of a defendant's constitutional right to a public trial.
Throughly discuss the Rule Application and dont forget to state the
conclusion
b. Sub-point B: The prosecution has met its burden in establishing that the
overriding interest will be prejudiced if the courtroom is not closed during
the trial of the Defendant.
i. In creating the synthesized rule, use the following cases:
ii. Ayala
iii. Eschevaria
iv. Etc.
II. LEGALLY SUFFICIENT EVIDENCE (two parts):
a. In the umbrella paragraph of this section, explain how this part is also a
two element principle, but I collapse the requisite mens rea for the
underlying crime, knowingly, into the second element.
iii. That bellow knew exactly what Castellar was up toas he stood
out there and engaged in the conversation.
iv. In our case, when the UC asked Whos working? Im looking for
quarters, CB, as a crack user himself, this inference is made by
the crack pipe later found in his pocket, CB knew what quarters
in the context of standing outside on the street, getting approached
by by a stranger who essentially was looking drugs.
In People v. Tention, the Appellate Division of the Supreme Court of New York established that
even though the Defendant didnt necessarily speak any words, his conduct was enough to
uphold the conviction. When the undercover approached the Defendant and asked for a specific
name brand of a drug, the Defendant knowing that his co-defendant was a seller of such
substances, went directly to his partner, thus aiding in the actual transaction. The court found
that although muted, the Defendants actions could be inferred that he acted as the middleman as
he awaited completion of the transaction and this conduct [bespoke] involvement beyond being
a mere extension of the buyer.
In this case, Defendant Chancelor Bennetts conduct of locking eyes with the undercover officer
while just as the court in Bello interpreted the defendant in Bello furthered the ultimate goal of
the enterprise between him and his co-defendant to sell illegal drugs- by negotiating the terms
of deal by asking how many, Chancelor Bennet similar conducted himself in a calculated
manner by asking