In the second part of this podcast, the Hon. Mark D. Cohen discusses Ferreira v. City of Binghamton, a recent New York Court of Appeals decision involving civil liability for negligence in connection with the execution of a no-knock search warrant.  As Judge Cohen explains, although Ferreira is a civil case, it nevertheless may be the most important criminal case decided by the Court of Appeals this year.  The case arose out of an incident in which an unarmed occupant of a home was shot in the stomach during the execution of a no-knock search warrant. The individual filed a negligence suit against the officer, the police department, and the city. In a 5-2 decision, the Court of Appeals held that municipalities have a special duty to protect innocent bystanders when executing such a warrant.

Brought to you by the Touro Law Review. 

Our guest today is Hon. Mark D. Cohen.

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