United States Court of Appeals for the Second Circuit Trademark infringement Willful blindness – Summary judgment – Trial on the merits Omega SA et al. v. 375 Canal, LLC 19-969-cv Judges Raggi, Lohier, and Menashi Background: The defendant appealed from ...
Read More »Fourth Department – Sentencing: People v. Ruise
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sentencing Court’s discretion – Complete record People v. Ruise KA 17-01906 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a weapon. ...
Read More »Fourth Department – Traffic stop: People v. Scott
New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Opinion evidence People v. Scott KA 17-00009 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a weapon and driving ...
Read More »Fourth Department – Search and seizure: People v. Rodriguez
New York State Supreme Court, Appellate Division, Fourth Judicial Department Search and seizure Consent – Voluntary People v. Rodriguez KA 16-01475 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of two counts of criminal possession ...
Read More »Fourth Department – Best evidence rule: People v. Jackson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Best evidence rule Secondary evidence exception – Destroyed video surveillance People v. Jackson KA 16-00658 Appealed from Supreme Court, Monroe County Background: The defendant appealed from her conviction of grand ...
Read More »Fourth Department – Manslaughter: People v. Maldonado
New York State Supreme Court, Appellate Division, Fourth Judicial Department Manslaughter Sufficiency – Intent – Accessory liability People v. Maldonado KA 16-01233 Appealed from Supreme Court, Monroe County Background: The defendant appealed from a judgment convicting him of manslaughter and ...
Read More »Second Circuit – Voting Rights Act: Clerveaux v. E. Rampao CSD.
United States Court of Appeals for the Second Circuit Voting Rights Act Racial motivation – Causation Clerveaux v. E. Rampao CSD. 20-1668 Pooler, Hall, and Chin Background: The defendant appealed from a holding that the at-large election used by the ...
Read More »Fourth Department – Suppression: People v. Johnson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Reasonable suspicion – Totality of circumstances People v. Johnson KA 15-02071 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of robbery. He argues ...
Read More »Fourth Department – Right to counsel: People v. Caswell
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right to counsel Resentencing – Adverse impact – Second felony offender status People v. Caswell KA 13-01552 Appealed from Supreme Court, Monroe County Background: The defendant appeals from his conviction ...
Read More »Fourth Department – General Business Law: Green v. National Income Life Ins. Co.
New York State Supreme Court, Appellate Division, Fourth Judicial Department General Business Law Life insurance – Indemnity reduction clause Green v. National Income Life Ins. Co. CA 20-00092 Appealed from Supreme Court, Monroe County Background: The plaintiff is the beneficiary ...
Read More »Second Circuit – Mandatory Victims Restitution Act: United States v. Razzouk
United States Court of Appeals for the Second Circuit Mandatory Victims Restitution Act Offense against property – Bribery scheme – Investigatory costs United States v. Razzouk 18-1395 Judges Walker, Carney, and Koeltl Background: The defendant appealed from his conviction of ...
Read More »Fourth Department – Arson: People v. Dillard
New York State Supreme Court, Appellate Division, Fourth Judicial Department Arson Intent – Legal sufficiency People v. Dillard KA 16-00132 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of arson in the third degree on ...
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