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Fourth Department – Robbery: People v. Jones
New York State Supreme Court, Appellate Division, Fourth Judicial Department Robbery Threat of physical force People v. Jones KA 19-02143 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of robbery and resisting arrest. He argues that the people failed to prove that he threatened the victim, a restaurant order, with […]
Fourth Department – Speedy trial: People v. Gaskin
New York State Supreme Court, Appellate Division, Fourth Judicial Department Speedy trial Certificate of compliance – Proper standard People v. Gaskin KA 22-01462 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a weapon and criminal possession of a controlled substance. He argues that the court erred […]
Fourth Department – Parent neglect: Matter of Ryanna H. and Seron M.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Parent neglect Excessive corporal punishment – Injuries do not require medical attention Matter of Ryanna H. and Seron M. CAF 21-00502 Appealed from Family Court, Steuben County Background: The respondent mother appealed from an order determining that she neglected her oldest child and derivatively neglected […]
Fourth Department – Insurance policy: Ewald v. Erie Insurance Co. of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance policy Exclusions – Exceptions to exclusions Ewald v. Erie Insurance Co. of New York CA 22-00197 Appealed from Supreme Court, Onondaga County Background: The plaintiffs owned a two-story house covered by an all-risk homeowner’s insurance policy issued by the defendant. The plaintiffs hired contractors [&hell[...]
Fourth Department – Sex Offender Registration Act: People v. Finster
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Mitigating factors – Support network and statement against interest People v. Finster KA 21-01613 Appealed from Ontario County Court Background: The defendant appealed from an order designating him a level two sex offender pursuant to the Sex Offender Registration Act. He […]
Fourth Department – Assault: People v. Dowdell
New York State Supreme Court, Appellate Division, Fourth Judicial Department Assault Physical injury People v. Dowdell KA 21-01358 Appealed from Cayuga County Court Background: The defendant appealed from a judgment convicting him of assault and promoting prison contraband. The charges arose from an incident wherein the defendant, during a routine pat frisk for contraband outside […]
Fourth Department – Encroachment: DMT Management v. Haight, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Encroachment Permanent injunction – Valuation DMT Management v. Haight, et al. CA 22-00928 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action directing the defendants to remove certain improvements made upon the plaintiff’s property and permanently enjoining the defendants from f[...]
Fourth Department – Molineux: People v. Dean
New York State Supreme Court, Appellate Division, Fourth Judicial Department Molineux Police observations of uncharged drug sales People v. Dean KA 20-00399 Appealed form Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a controlled substance and criminally using drug paraphernalia. He argues that it was error to admit […]
Fourth Department – Summary judgment in lieu of complaint: Counsel Financial II LLC v. Bortnick
New York State Supreme Court, Appellate Division, Fourth Judicial Department Summary judgment in lieu of complaint Separate contingency fees Counsel Financial II LLC v. Bortnick CA 21-01640 Appealed from Supreme Court, Erie County Background: The plaintiff is a commercial lending institution specializing in the business of providing loans to law firms. It sought motion for […]
Fourth Department – Driving while intoxicated: Corbett v. Schroeder
New York State Supreme Court, Appellate Division, Fourth Judicial Department Driving while intoxicated Reasonable suspicion – Minor discrepancy in identification Corbett v. Schroeder CA 22-01094 Appealed from Supreme Court, Monroe County Background: The petitioner commenced an Article 78 proceeding seeking to annul his driver’s license based on his refusal to submit to a chemical test [&hellip[...]
Fourth Department – Notice of Claim: Connors v. County of Erie, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Notice of Claim Correcting a defect or mistake Connors v. County of Erie, et al. CA 22-00025 Appealed from Supreme Court, Erie County Background: The defendant appealed from the denial of its motion to dismiss the plaintiff’s complaint alleging a slip and fall injury. The […]
Fourth Department – License revocation: Chartrand v. NYS Dept. of Motor Vehicles Appeals Board
New York State Supreme Court, Appellate Division, Fourth Judicial Department License revocation Vehicle stop – Reasonable suspicion Chartrand v. NYS Dept. of Motor Vehicles Appeals Board TP 22-01056 Transferred from Supreme Court, Lewis County Background: The petitioner commenced an Article 78 proceeding seeking to annul the revocation of his driver’s license based on his refusal […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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