ASSIGNMENT #14 The case now proceeds to trial. On their direct case, the People only present two witnesses: Julio Cruz and Detective Crowley. By stipulation, the People also introduce Cruz’s medical records into evidence. The People then rest their case. Randolph does not testify on his own behalf. Nor does the defense call either his wife or daughter to establish his alibi defense. Instead, the defense solely raises a mistaken identification defense. In support of that defense, counsel calls an expert witness on eyewitness identification. Dr. Fulero testifies about the problems concerning cross-racial identifications of strangers. The defense also calls four eyewitnesses to the crime as defense witnesses. Ivan Liriano, Angel Pagan, Julio Leonor and Victoriano Polanco each testify that Randolph is not the man who shot Cruz. They also testify that Randolph does not match the physical characteristics of the man who shot Cruz. Finally, the defense calls a DNA expert and a dactylography expert who provide expert exculpatory evidence on Randolph’s behalf. The defense then rests. The People choose not to present a rebuttal case. After closing arguments, the court charges the jury. The court submits five counts for the jury to consider: 1. Attempted murder in the second degree (Intent to kill) 2. Assault in the first degree (Serious physical injury) 3. Assault in the second degree (Physical injury) 4. Criminal possession of a weapon in the second degree (Possession with the intent to use unlawfully) 5. Criminal possession of a weapon in the second degree (Loaded firearm) The judge charges counts 1, 2 and 3 in the alternative. This means that the jury can only convict the defendant of one of these counts. The judge likewise charges counts 4 and 5 in the alternative. In practical terms, the jury must consider the highest count first. They may not consider the lesser counts unless they first acquit the defendant of the higher count. You are now in the role of the jury. You have the entire case before you. How do you resolve the charges against Randolph? Explain why you reached that verdict. Be as detailed as you can with your explanation. Make sure that your answer is in your own words. If you plagiarize, you will receive a zero for the assignment. Additionally, you should have no quotes in you answer.  You are not required to, but may want to use other sources to help you understand the content from the sources I provided.  Make sure to give a list of citations for any additional sources you use. Once you have compiled and proofread your answer in a Word document, submit it via the Turnitin link. Terms to know: *Before you begin, use the internet to define the following terms: Immunopathology, lymphopenia, and cytokine storm General sources (background on human coronaviruses and more specifically on SARs CoV2): *The coronavirus that causes COVID-19 is named SARs CoV.

1. ASSIGNMENT #14
The case now proceeds to trial. On their direct case, the People
only present two
witnesses: Julio Cruz and Detective Crowley. By stipulation,
the People also introduce
Cruz’s medical records into evidence. The People then rest their
case.
Randolph does not testify on his own behalf. Nor does the
defense call either his
wife or daughter to establish his alibi defense. Instead, the
defense solely raises a
mistaken identification defense. In support of that defense,
counsel calls an expert
witness on eyewitness identification. Dr. Fulero testifies about
the problems concerning
cross-racial identifications of strangers. The defense also calls
four eyewitnesses to the
crime as defense witnesses. Ivan Liriano, Angel Pagan, Julio
Leonor and Victoriano
Polanco each testify that Randolph is not the man who shot
Cruz. They also testify that
Randolph does not match the physical characteristics of the man
who shot Cruz. Finally,
the defense calls a DNA expert and a dactylography expert who
provide expert
exculpatory evidence on Randolph’s behalf. The defense then
rests.
The People choose not to present a rebuttal case.
After closing arguments, the court charges the jury. The court
submits five counts
for the jury to consider:

2. 1. Attempted murder in the second degree (Intent to kill)
2. Assault in the first degree (Serious physical injury)
3. Assault in the second degree (Physical injury)
4. Criminal possession of a weapon in the second degree
(Possession with the
intent to use unlawfully)
5. Criminal possession of a weapon in the second degree
(Loaded firearm)
The judge charges counts 1, 2 and 3 in the alternative. This
means that the jury
can only convict the defendant of one of these counts. The
judge likewise charges counts
4 and 5 in the alternative. In practical terms, the jury must
consider the highest count
first. They may not consider the lesser counts unless they first
acquit the defendant of the
higher count.
You are now in the role of the jury. You have the entire case
before you. How do
you resolve the charges against Randolph? Explain why you
reached that verdict.

3. Be as detailed as you can with your explanation. Make sure that
your answer is in your own words. If you plagiarize, you will
receive a zero for the assignment. Additionally, you should have
no quotes in you answer. You are not required to, but may want
to use other sources to help you understand the content from the
sources I provided. Make sure to give a list of citations for any
additional sources you use. Once you have compiled and
proofread your answer in a Word document, submit it via the
Turnitin link.
Terms to know:
*Before you begin, use the internet to define the following
terms:
Immunopathology, lymphopenia, and cytokine storm
General sources (background on human coronaviruses and more
specifically on SARs CoV2):
*The coronavirus that causes COVID-19 is named SARs CoV2
(aka 2019-nCoV).
https://www.cdc.gov/coronavirus/types.html
This video goes over how SARs CoV2 enters the body and what
it does to a cell?
https://www.bing.com/videos/search?q=immunopathology&&vie
w=detail&mid=4F8236C0188EF1F392BE4F8236C0188EF1F392
BE&rvsmid=6D9E034F7FABDC41BB956D9E034F7FABDC41B
B95&FORM=VDRVRV
Detailed sources:
Podcast: Immune #29

4. Below is a YouTube link for the podcast,
https://youtu.be/K85fMRfpGhA
Review Article
https://www.nature.com/articles/s41577-020-0308-3
ASSIGNMENT #13
We are now at the trial of this case. You are to prepare an
outline of the witnesses
that you intend to call at trial and a brief synopsis of the
testimony that you expect each
will provide. You are also to prepare a written opening
statement to the jury on what you
intend to prove. Lastly, what, if any, rebuttal case will you
prepare in advance?
ASSIGNMENT #12
As to the Sandoval hearing, the court made a compromise
decision. The court ruled that the convictions from the 1990s
and early 2000s were too remote in time to be presently
probative. The court will allow the prosecution to ask Randolph
if he has been previously convicted of the felony of grand
larceny if Randolph takes the stand. The prosecutor will not be
allowed to delve into the underlying facts of this crime. Finally,
the court rules that the defense can call an expert on eyewitness
identification at trial.

5. We are now at the beginning of trial. As to jury selection, you
are to research what are the characteristics of the potential
jurors that you want to serve in this case. You are also to
research what are the characteristics of the potential jurors that
you do not want to serve in this case.
You are to submit a summary of the research for this
assignment.
.
ASSIGNMENT #11
The hearing court denied both of Randolph’s suppression
motions. It held that the
complainant’s photo identification was sufficiently reliable to
establish probable cause. It
further held that the lineup identification was not unduly
suggestive since any physical
differences between Randolph and the fillers were minimal and
did not draw any undue
attention to him.
We are nearing the beginning of trial. We now turn our
attention to the final
pretrial hearing.
Except in specific cases involving specific circumstances (not
present in your
case), a prosecutor may not use a defendant’s criminal history
as affirmative evidence of
that person’s guilt. This prevents a jury from convicting an
individual on a propensity

6. theory. Prosecutors can, however, use a defendant’s criminal
history to impeach a
defendant’s credibility in the event he takes the stand at trial.
This history is used as
impeachment material to attack the defendant’s credibility. In
other words, since the
defendant has previously broken the law and thus has put his
interests above that of
society, the jury should not believe the defendant’s testimony.
In order to assess the proper use of a defendant’s criminal
history in the event that
the defendant takes the witness stand, the court conducts a
pretrial hearing where the
judge weighs the probative value of the evidence against its
prejudicial impact. In
essence, this is a balancing test and the court usually reaches a
compromise decision
satisfying neither party.
You are now at the Sandoval hearing in Randolph’s case. This
hearing comes
from People v. Sandoval, 34 N.Y.2d 371 (1974). You must read
that decision to complete
this assignment. You are free to further research how Sandoval
has been subsequently
applied in New York. For your purposes, I would limit your
research to subsequent NY
Court of Appeals cases.
This is Randolph’s record:
1997 – Hindering prosecution – 9 months
1997 – Attempted grand larceny – Conditional discharge

7. 1998 – Petit larceny – 6 months
1999 – Petit Larceny – 6 months
1999 – Criminal possession of stolen property – Conditional
discharge
2000 – Petit larceny – 4 months
2001 – Petit larceny – Conditional discharge
2005 – Grand larceny – 3 years’ probation (Felony conviction)
2010 – Criminal possession of stolen property – Conditional
discharge
2013 – Grand larceny – 2 to 4 years (Felony conviction)
2014 – Grand larceny – 18 months to 3 years (Felony
conviction)
2016 – Grand larceny – 18 months to 3 years (Felony
conviction)
As the prosecutor, you must now determine how much of
Randolph’s record you
want to use against him if he takes the witness stand. Into how
much detail do you
believe that you should be allowed to delve into this record? Set
forth your persuasive
arguments to the court justifying the conclusions that you
reached.
ASSIGNMENT #3
You have now had the opportunity to interview the victim. He
provided a

8. description of the achral crime and the perpetrator.
Based on the description of one of the eyewitnesses, a police
sketch artist has
created a sketch of the alleged perpetrator.
The eyewitnesses have viewed computer photographs at the
local police precinct.
No one has made a positive identification of anyone.
What do you do next?
ai
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_ i. e1 ochifrlat ?O5l lrt., rtn Undersigned was
presenlar.Lincotn tbspiral
Frnergency Rgorn a1n cqnferred wi th Dr. tlonmzdi regarding
tire condition of tlre Vil.
He sraLed ttrat the .'oilJ tlad three.possible 61119 l"r-
r.fu*r;5456t ard a fossibleblllet wound to his left hand. qn{ is in

12. critical condition at ttr-is time.
Z. n"o on E?lPat 2130 hrs., rhe Undersigned i&rviesed the C,z'!t
wi rtr-inik- Roon regarding this case and he statea tFe
following:
h.} hosplrl
tle picked up the perp. on first avenue and E.101st. in
r4anh,attan and
perp. requested to be brought, to E.161st. and fankee Stadir.m.
tlpon arrival aL E.161st.
a.rrd Yankee s tgdiym th" p.tp., who was seated in the back
seal, produced a grm and
reached out of the rear passenger side windor.r and pointed it
inlo the fronl passenger
si.de windor.r of the aab and annotrnced a robbery. perp. then
oulled rhe eun baik in -ii. cag and. opened the. windcu to the
partitioir. rhe- c,r'W attlrnpted to ciosedthe'
partition rrindow ard the perp. fired one strot. lhe perp. aeaii
mened the rrartition
rrindow ard.agaip tlq.c/Il went to close the windor.r aird lhe
ftrp.'leain fireil anorher
r) rot, sttiking the C,/!i in the left hand. Perp. then exiLed
ittu'.u!"o.A fled ard the/ /'7 drove his cab a shott distance and
then- stopp&. c/vl doesn'i kno'l the direction
of flight of the perp.
Inves tigation: Robbery,/Assaul t
Subject:
-Respo{se
to Lincoln - Intervier,r of C/W - lbtification to FamilySt&: Case
Actirze
The C,/hI described the perp. as follows:

13. Fle Black 25:30 y"ard old 5rB" 180 lbs. wearing a rfiite T-
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14. Clolhing o.scJiption.
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15. ll Yes . Mihr Entry in (htarta R!: Timr. Dat..
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20
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1.
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MT]RDER/RoBBERY/LWERY cAB DRIVERsuBrEcr e
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that occurred on JUIVL: ?8,2A1$al ldlfrr'lii5 in tlre confine-c ol
the 044 P,CECllVtif . This
s,ketch based on a descriplion supi-rlier by a v;itncss
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21. EAST 155 s:t t. ttttr:i-l '-)i'i Au,.. iiotr' -cHFLl CAli/NGs
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