Court of Appeals — Indelible Right to Counsel: People v. Augustine 
By Daily Record Staff
POSTED: June 19, 2013
Tags: Indelible Right to Counsel, New York State Court of Appeals
New York State Court of Appeals Indelible Right to Counsel Harmless Error People v. Augustine No. 109 Memorandum Background: The defendant was convicted after a jury trial for second-degree murder, aggravated cruelty to animals, and fourth-degree criminal possession of stolen property. The defendant alleged that, while he was in custody for violation of probation, he [...]
Court of Appeals — Effective Assistance of Counsel: People v. Oliveras
By Daily Record Staff
POSTED: June 18, 2013
Tags: Effective Assistance of Counsel, New York State Court of Appeals
New York State Court of Appeals Effective Assistance of Counsel Mental Illness — Medical Records vs. Biased Testimony People v. Oliveras No. 105 Judge Rivera Background: The people appealed from an order that granted the defendant’s motion to vacate his conviction. The defendant had voluntarily appeared at a police station two days after the murder [...]
Court of Appeals — State Constitution: Empire State Chapter of Assoc. Builders and Contractors Inc. et al. v. Smith, et al.
By Daily Record Staff
POSTED: June 17, 2013
Tags: New York State Court of Appeals, state constitution
New York State Court of Appeals State Constitution Home Rule — Distinctions Reasonableness Empire State Chapter of Assoc. Builders and Contractors Inc. et al. v. Smith, et al. No. 101 Judge Smith Background: The case on appeal concerns amendments to the Wicks Law that raised the $50,000 threshold, imposed so-called “apprenticeship requirements” on some public [...]
Court of Appeals — HAIL Act — Constitutionality: Greater New York Taxi Association, et al. v. State of New York, et al.
By Daily Record Staff
POSTED: June 14, 2013
Tags: constitutionality, HAIL Act, New York State Court of Appeals
New York State Court of Appeals HAIL Act — Constitutionality State Concern — Reasonable Relationship Greater New York Taxi Association, et al. v. State of New York, et al. Taxicab Service Association, et al. v. State of New York et al. Metropolitan Taxicab Board of Trade, et al. v. Michael R. Bloomberg Nos. 98, 99, [...]
Court of Appeals — Burden of Proof: Wild et al. v. Catholic Health System et al.
By Daily Record Staff
POSTED: June 14, 2013
Tags: burden of proof, New York State Court of Appeals
New York State Court of Appeals Burden of Proof Loss-of-Chance Theory of Liability Wild et al. v. Catholic Health System et al. No. 97 Memorandum Background: The defendants challenged a jury verdict in favor of the plaintiffs in a medical malpractice action. The defendants argued that the loss-of-chance theory of liability was not yet adopted by New [...]
Court of Appeals — Missing Witness Charge: People v. Thomas
By Daily Record Staff
POSTED: June 13, 2013
Tags: Missing Witness Charge, New York State Court of Appeals
New York State Court of Appeals Missing Witness Charge Cumulative Testimony — Complainant’s Statement People v. Thomas No. 108 Judge Smith Background: The defendant was charged with criminal sexual act, criminal contempt and two counts of assault. The complainant was asked why her statement omitted mention of certain forced sexual acts. She had responded that the [...]
Court of Appeals — Conflict of Interest: People v. Sanchez
By Daily Record Staff
POSTED: June 11, 2013
Tags: Conflict of Interest, New York State Court of Appeals
New York State Court of Appeals Conflict of Interest Prior Representation of Criminal Accomplice People v. Sanchez No. 107 Judge Graffeo Background: On appeal the defendant argued that he was deprived effective assistance of counsel based on his counsel’s alleged conflict of interest. The defendant was charged with robbing a taxi with an accomplice. The [...]
Court of Appeals — Interrogation: People v. Guilford
By Daily Record Staff
POSTED: June 10, 2013
Tags: interrogation, New York State Court of Appeals
New York State Court of Appeals Interrogation Subsequent Statements — Suppression People v. Guilford No. 103 Judge Lippman Background: The defendant appealed from his conviction of murder in the second degree. The defendant argued that prior to his confession he was subjected to a custodial interrogation lasting over 49 hours. The trial court suppressed the [...]
Court of Appeals — Judge Recusal: People v. Hampton
By Daily Record Staff
POSTED: June 9, 2013
Tags: Judge Recusal, New York State Court of Appeals
New York State Court of Appeals Judge Recusal Subsequently-filed Written Motion — Mistrial People v. Hampton No. 92 Judge Read Background: The defendant, after being convicted, moved to set aside a jury verdict based upon a lack of evidence. Just prior to this, the presiding judge learned of a potential personal connection between him and [...]
Court of Appeals — Empire Zone Program — 2009 Amendments: James Square Associates LP, et al. v. Commissioner NYS Dept. of Economic Dev., et al.
By Daily Record Staff
POSTED: June 6, 2013
Tags: 2009 Amendments, Empire Zone Program, New York State Court of Appeals
New York State Court of Appeals Empire Zone Program — 2009 Amendments Retroactivity — Due Process James Square Associates LP, et al. v. Commissioner NYS Dept. of Economic Dev., et al. J-P Group LLC v. NYS Dept. of Economic Development, et al. Morris Builders LP v. Empire Zone Designation Board, et al. Hague Corporation v. [...]
Court of Appeals — Simultaneous Representation: People v. Tyrone Prescott
By Daily Record Staff
POSTED: May 23, 2013
Tags: New York State Court of Appeals, simultaneous representation
New York State Court of Appeals Simultaneous Representation Appellate Counsel People v. Tyrone Prescott No. 80 Memorandum Background: The defendant alleged he was denied effective assistance of counsel due to an unwaived actual conflict of interest occasioned by his appellate counsel’s representation of defendant’s co-defendant at a prior sentencing hearing. The appellate division found that [...]
Court of Appeals — Superior Court Information: People v. Milton
By Daily Record Staff
POSTED: May 22, 2013
Tags: New York State Court of Appeals, Superior Court Information
New York State Court of Appeals Superior Court Information Jurisdictionally Defective — Victim’s Names People v. Milton No. 75 Judge Lippman Background: At issue was whether a superior court information is jurisdictionally defective where it names victims not identified in the felony complaint. The Appellate Division had held that it was jurisdictionally defective because it [...]
