Defendant's Argument If a Court decides to hold a hearing, however, the statute does not provide for any rule of evidence which would allow for a court's consideration of hearsay material. Further, he argued that the 9 mm casings identified with the Defendant's gun were on the side of the car where the officers identified the Defendant. him with kid-gloves, covering his hands with black mitts Concepts of War, a New York City set known among police With respect to analyzing gunshot residue from clothing Ms. Lunde stated she had performed such work "probably somewhere between one and two dozen times".[FN15]. In this case, as discussed infra, however, this Court has found counsel's performance effective under both the federal and state constitutions. When an individuals hands are "dabbed" to determine whether GSR is present both the palms and the top or back of the hands are usually swabbed. The facts underlying these convictions are outlined in detail infra. He said that one inconsistency identified by Mr. Walters during his summation was simply the result of Mr. Azziz's lack of proficiency in English. Finally, as noted supra, Mr. Walters attempted to elicit additional information from Ms. Lunde about the deficiencies at the FBI lab during his cross-examination. Game"). Dr. Kubic also took issue with Mr. Schwoeble's qualifications, noting that he had not earned a degree of any kind in science. When the jacket was not being tested it remained in this plastic bag and while [*10]in the custody of the lab would be stored in an evidence locker. On the other hand, Mr. Walters admitted that he had not been able to completely learn the science from the materials he had reviewed and his conversations with Dr. Kubic. List of characters. Mr. Schwoeble further stated that upon discharge of a weapon, plume could travel between three to five feet and that the likelihood of finding plume on the victim of a close-range shooting would be impacted by the presence of a glass or metal object between the victim and the shooter.
Thus, in addition to the fact that there is no clear authority which would allow this Court to bar Defendant's claims, barring those claims on procedural grounds would also be inequitable. Dr. Kubic was critical of the procedures in that there was no explanation of how the lab actually performed its analyses. Ms. Lunde took courses in atomic absorption instrumentation offered by the FBI Academy and scanning electron microscopy offered at a local university. Footnote 29: Id., p.1128, ll. Mr. Davis said the information he testified to at trial came from the detectives. The failure to employ an expert defense witness does not constitute ineffective assistance of counsel where counsel may have reached a reasonable strategic decision not to do so. The merits of this claim are addressed infra. However, it also difficult to understand why a study which measured the degree to which GSR particles would be transferred from a smooth fabric, like nylon, to a jacket would not have any relevance to how easy it might be to transfer GSR particles from a smooth floor to a jacket. There was not a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different". Unless a defendant shooting a gun is instantly apprehended and has his clothing taken from him and placed in a suitable sealed receptacle by a person who does not himself have the potential to contaminate the clothing with GSR, such evidence on clothing will always be subject to some degree of possible loss or contamination. Matott v. Ward, 48 NY2d 455, 459 (1979) (citations omitted). First, where there is proper assurance of the identity and unchanged condition of a unique item of evidence (like the jacket), at least one appellate court in New York has recently held that a claim concerning the possible contamination of microscopic evidence which can be detected on that unique item goes to the weight and not the admissibility of that evidence. Mr. Schwoeble then prepared a chart summarizing the results obtained from the testing of those samples along with the re-analysis of the FBI samples, including particle counts and elemental composition.
This whole line I am disallowing.Mr. Despite being the father of Stanley, he calls him "Uncle Sherm.". The People also make a second application to preclude a portion of Defendant's motion on procedural grounds. 1 +21 218: ViacomCBS fires Nick Cannon over anti-Semitism. of the Bloods have resulted in making themselves feel "targeted" "[FN41] He said the defense had not presented any evidence that the precinct floor where the jacket had been placed contained GSR. Ms. Lunde testified that it was important not to have an item of clothing being tested for GSR and a gun or expended ammunition out at the same time and said such items would be in sealed packages if they were kept in a locker.
(this may not be correct), Denver Lanes Bloods (from Imperial Highway and Century As part of the Defendant's original motion requesting post-judgment relief dated June 27, 2006 he moved pursuant to CPL 440.20 (1) before Justice Torres to set aside the sentences. Thus, again assuming that Mr. Walters's conduct was professionally unreasonable, Mr. Adams was also not deprived of the effective assistance of counsel under state law. Dr. Kubic stated that the intricacies of GSR evidence could not be learned over a couple of phone calls or meetings lasting up to three hours. Cathleen Lunde testified that during 2001 she was employed as a member of the materials analysis unit of the FBI laboratory where she had been working since January of 1986. Footnote 51: Id., p. 54, l. 22. Most of the primarily Black street gang operates in prisons, Hundreds of factions or sets of the Bloods #queensbridge representer sherman "sherm da worm" adams recalls the incident at the tunnel night club with lakey the kidd & #prodigy that pushed his … refer to the According to news reports, the following members have (or Peter Himmelman My Fabulous Plum ℗ ℗ 2004 Himmasongs Released on: 2017-04-07 Writer: Peter Himmelman Auto-generated by YouTube. Mr. Zeno also wrote a letter to the Defendant on February 1, 2008 about the matter. [FN47] He said that a police officer who had fired his weapon using non-foreign made ammunition and then handled the jacket would not have deposited the tin particles he found.
Sherm apparently never lets Stanley do anything because of Stanley's destructive nature. 24-25. Dr. Kubic stated that he formed the impression that he would be called to testify at trial as a witness for the Defendant but did not have a recollection of contacting Mr. Walters when the trial was going on. Going through his report, computer-generated images of particles and graphs were presented and explained by Mr. Schwoeble. a Gang Intelligence Unit that identified the different Blood wear red NY Yankee hats, meaning Neighborhood Youngstaz, Mr. Davis said he saw two individuals being pursued by a police officer who were black and wearing black clothing. In this Court's view, the responsibility for that failure was shared by the Defendant's former counsel (for apparently not taking any meaningful steps to press for a resolution of the motion), the People (for simply never responding to the motion) and the Court (for not arranging for the motion to be adjudicated by anyone following Justice Torres's retirement). Dr. Kubic did recall that Mr. Walters confronted Ms. Lunde regarding the handling of the jacket prior to it being received by the FBI lab. Photographs introduced into evidence also demonstrated the lighting conditions at the time of the shooting, further indicating that the police were able to clearly see what they testified to. of the Bloods, netted law enforcement at least 60 gang Though Prodigy might not get his mural in QB, he already has several beautiful pieces dedicated to him throughout the world, which you can check out below. Sherm the Worm by Peter Himmelman: Listen to songs by Peter Himmelman on Myspace, a place where people come to connect, discover, and share. A single chart showing the testing performed by Mr. Schwoeble and the FBI was introduced into evidence. Burlington County Detention Center - according to users, where approximately 10-20 Bloods members attempt to control prison tiers, including televisions, telephones, and board Thus, although Dr. Kubic would have likely testified at trial, as he did at the hearing, that the conclusion that the Defendant's jacket contained GSR from the 9mm Glock by virtue of the presence of tin in the jacket's GSR was highly speculative, that conclusion might also have been undermined by his admission that he was not an expert on the critical issue of how likely it might be that the tin on the Defendant's jacket had come from a source other than the 9 mm Glock. Dr. Kubic added that he was a consultant with the National Institute of Standards and Technology and the federal Department of Commerce where he examined standard operating procedures for microscopies, including electron microscopy and test particles. The Nine Treys were named after the term "1993", Although he informed the Defendant of this, according to Mr. Walters, he did not advise the Defendant to consider plea negotiations because he believed that the Defendant would ultimately be acquitted.[FN2]. He also said that Ms. Torres did not testify to seeing anyone wearing a hat during the chase. The following colloquy took place on the issue of Dr. Kubic not being called to testify at Trial 3: That section, however, explicitly excludes motions alleging the ineffective assistance of counsel at trial, the primary basis of Defendant's motion here. Mr. Davis was contacted by police detectives the following day. Indeed, the People themselves assert that the reason the Defendant was convicted at Trial 3 and not at Trial 2 was largely because at Trial 3 Justice Torres curtailed the cross-examination of the police witnesses regarding their invocation of the "48 hour" rule, a limitation by Justice Torres which the People argue was wholly proper and was not imposed by Justice Carruthers during the second trial. One weapon was a 9 mm Glock and the other weapon was a .40 caliber semiautomatic handgun. He noted that Mr. Schwoeble's resume, provided to him by Mr. Walters only after the Defendant was convicted, failed to indicate his having taken a single science course at the college level. Mr. Davis simply said that the person being chased by the police (who, according to the defense, had by that time already been misidentified by the police) took off a jacket which DNA evidence conclusively linked to the Defendant in any event. He also said he took samples from the jacket with adhesive from the right sleeve, right side front, left side front and left sleeve and analyzed them with the electron microscope.
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