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Narcotics Trial Manual for New York State

NCJ Number
L P Rienzi
Date Published
156 pages
This manual is targeted at judges and other criminal justice system personnel involved in the prosecution of narcotics cases in New York State.
The first two sections cover pretrial motions and the Rosario rule, in which the defendant is entitled to examine for use during cross-examination all prior written or recorded statements of a witness which relate directly to the testimony. Common issues that arise during narcotics cases involve closing the courtroom, evidence of uncharged crimes, large sums of money, background evidence, radio transmissions, expert testimony, chain of custody, acting in concert, cross-examination of police witnesses, beepers, fingerprints, arrest photo, summation issues, and missing evidence. The manual also discusses possession and presumptions. Two common defenses are based on arguments of agency and entrapment. The final sections deal with requests to charge, disclosure of informants, and miscellaneous issues.