Randall T. Eng



Presiding Justice of the Appellate Division, Second Department, 2012-2017 /Associate Justice, 2008-2012


Judicial Offices
Presiding Justice – Appellate Division, Second Department

Appointed by Governor Andrew Cuomo October 1st, 2012
Associate Justice – Appellate Division, Second Department

January 2008 – September 2012
Administrative Judge – Queens County

Supreme Court – Criminal Term

March 2007 – January 2008
Justice of the Supreme Court of the State of New York

January 1991 – March 2007

Assigned to Criminal Term – Queens County Supreme Court
Criminal Court of the City of New York

September 1983 – December 1990
Acting Justice of the Supreme Court


Other Professional Experience
Correction Department – City of New York

Inspector General 1981 – 1983

Deputy Inspector General 1980 – 1981
Office of the District Attorney – Queens County

Assistant District Attorney 1973 – 1980
Adjunct Professor of Law – St. John’s University School of Law

1997 – 2001
Military Experience:
Colonel, Judge Advocate General’s Corps,

New York Army National Guard

State Judge Advocate, retired

Admission to the Bar
State of New York – 1973
State of California – 1978
U.S. District Court E.D.N.Y. – 1975
U.S. District Court S.D.N.Y. – 1975
U.S. Court of Appeals – 2d Circuit – 1978
U.S. Court of Military Appeals – 1978
Supreme Court of the United States – 1978

New York City Public Schools
State University of New York at Buffalo

B.A. Political Science
St. John’s University School of Law, J.D

Publications & Leading Cases
People v. Harris 821 NYS3d 844

(Sept. 20, 2006)

Element of depraved indifference, as required in a prosecution for depraved indifference murder, is a culpable
mental state which requires a depraved kind of wantonness; evidence before Grand Jury was legally insufficient
mandating dismissal of depraved indifference murder count in “twin-count” indictment.
People v. Valerio N.Y.L.J., Sept. 8, 2006

Where defendant, in custody, initiates a conversation with the police and the detective’s response could not
reasonably have been anticipated to evoke a statement from the defendant, the statement will not be
suppressed as the police are not required to silence a “chatterbox.”
People v. Chin N.Y.L.J., pg. 1, Col. 4, Nov. 1, 2000

“Collateral estoppel” applied to preclude evidence of “force” in rape trial.
Matter of Marvin B 167 Misc. 2d 904

Allowed the appointment of an independent psychiatrist for petitioner at an Article 330 retention hearing.
People v. Franco 160 Misc. 2d 114, aff’d 196 AD2 357, aff’d 86 NY2d 493

Where People elect to represent charges to a second Grand Jury which are already contained in an indictment
voted by a prior Grand Jury, and the second Grand Jury returning a “no-true bill,” the second Grand Jury’s
determination creating a “legal impediment” to conviction (CPL 210.20(1)(h) requiring dismissal of indictment.
People v. Bhatt 160 Misc. 2d 973

In order to effectuate the Medicare program and prevent fraud, an exception to the physician-patient privilege
under CPLR 4504(a) is created.
People v. Lincoln 159 Misc. 2d 242

Prosecutor impairs integrity of Grand Jury proceeding by instructing Grand Jury to ignore exculpatory evidence.
People v. DeStefano N.Y.L.J., pg. 31, Col. 4, April 20, 1998

Holding that speedy trial protection applies to defendants not charged with homicide but “joined” with other
defendants that are charged with homicide.
People v. Boykin 135 Misc. 2d 341

Held that it is essential that an accusatory instrument charging the crime of menacing contain a non-hearsay
allegation derived from a victim substantiating.

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