Sufficiency of Evidence: People v. McDade 

By Daily Record Staff
POSTED: March 1, 2010
Tags: New York State Court of Appeals, sufficiency of evidence

New York State Court of Appeals
Sufficiency of Evidence
People v. McDade
No. 89 SSM 55
Appealed from the Third Department
Background: The defendant was convicted of second-degree rape and appeals on the grounds of insufficient evidence. Forensic DNA testing of a penile swab from the victim, a severely mentally disabled 17-year-old boy, revealed the existence of significant amounts of [...]

Brownfield Development: Matter of Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation 

By Daily Record Staff
POSTED: March 1, 2010
Tags: brownfield development, Lighthouse Pointe, New York State Court of Appeals

New York State Court of Appeals

Brownfield Development
Matter of Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation
No. 3
Appealed from the Fourth Department
Background: Lighthouse plans to redevelop land located along the Genesee River in Monroe County into a $250 million mixed-use waterfront development, including condominiums, townhouses, a marina, restaurants, retail stores and [...]

Zoning: Glacial Aggregates LLC v. Town of Yorkshire 

By Daily Record Staff
POSTED: February 26, 2010
Tags: glacial aggregates LLC, New York State Court of Appeals, Prior non-conforming uses, town of yorkshire, Zoning

New York State Court of Appeals

Zoning
Prior Non-Conforming Uses
Glacial Aggregates LLC v. Town of Yorkshire
No. 26
Appealed from the Fourth Department
Background: Glacial Aggregates LLC was formed in 1996 to conduct sand and gravel mining after John M. Clarey, one of its principals, learned that the Buffalo region needed additional sources of sand and aggregates. At the time, [...]

Fraud: People v. Kisina 

By Daily Record Staff
POSTED: February 25, 2010
Tags: Definition of Records, fraud, New York State Court of Appeals

New York State Court of Appeals
Fraud
Definition of Records
People v. Kisina
No. 25
Appealed from the Second Department
Background: The principal question presented at appeal is whether a physician can be found guilty of falsifying business records in the first degree, for submitting fraudulent medical documentation to a no-fault insurance carrier for the purpose of receiving payments for treatments [...]

Subject Matter Jurisdiction: Matter of Kachalsky v. Cacace 

By Daily Record Staff
POSTED: February 23, 2010
Tags: New York State Court of Appeals

New York State Court of Appeals

Subject Matter Jurisdiction
Civil Appeals — Constitutional Questions
Matter of Kachalsky v. Cacace
SSD 4
Appealed from the Second Department
Background: The civil matter concerns the Second Amendment and the “proper cause” requirement of New York’s concealed carry law. The appeal is dismissed by the court sua sponte, on the ground that no substantial constitutional [...]

Negligence: Wadler v. City of New York 

By Daily Record Staff
POSTED: February 23, 2010
Tags: firefighter's rule, negligence, New York State Court of Appeals

New York State Court of Appeals
Negligence
Firefighter’s Rule
Wadler v. City of New York
No. 24
Appealed from the First Department
Background: The parking lot of the New York City Police Headquarters in Manhattan is protected by a gate designed to thwart car bombs and similar acts of terrorism. The gate is a concrete barrier that can be retracted into [...]

Pleas: People v. Brown 

By Daily Record Staff
POSTED: February 23, 2010
Tags: duress, New York State Court of Appeals, pleas

New York State Court of Appeals
Pleas

Duress
People v. Brown
No. 28
Appealed from the Fourth Department
Background: The defendant, under indictment for one count of robbery in the third degree and one count of grand larceny in the fourth degree, was unable to post the $10,000 bail and was held in custody while awaiting prosecution. From the time of [...]

Adoption: Petition to Vacate an Adoption Decree, in the Adoption of John Doe 

By Daily Record Staff
POSTED: February 22, 2010
Tags: adoption, applicability of best interests rule, New York State Court of Appeals

New York State Court of Appeals
Adoption
Applicability of Best Interests Rule
Petition to Vacate an Adoption Decree, in the Adoption of John Doe
No. 20
Appealed from the First Department
Background: The parties to the proceeding are former lovers who never married but who, while they were romantically involved, brought a Cambodian child to the United States and planned to [...]

Indictments: People v. Pierce 

By Daily Record Staff
POSTED: February 19, 2010
Tags: indictments, New York State Court of Appeals

New York State Court of Appeals

Indictments
 
Lesser Included Offenses
People v. Pierce
No. 27
Appealed from the Fourth Department
Background: A waiver of indictment and SCI were intended to effectuate a plea agreement between the prosecution and the defense. In separate accusatory instruments, the defendant was charged in local criminal court with grand larceny in the fourth degree, a class [...]