NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Publisher immunity Video accounts – Violation of content policy Domen v. Vimeo 20-616 Judges Pooler, Wesley, and Carney Background: The plaintiffs appealed from the dismissal of their claims alleging discrimination based ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Physical helplessness – Sleeping victim – Completed sex offender treatment People v. Stack KA 19-00987 Appealed from Genesee County Court Background: The defendant appealed from a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Pandemic related restrictions First Amendment – Live music – Moot Sportsmen’s Tavern v. New York State Liquor Authority CA 20-01360 Appealed from Supreme Court, Erie County Background: The petitioner-plaintiff commenced ...

New York State Advisory Committee on Judicial Ethics Candidate for election Twitter account Ethics Opinion 21-40 Background: A candidate for elective judicial office would like their campaign committee to use Twitter during the window period to keep potential voters and ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Adoption Biological parent’s consent – Mental illness In the matter of Adoption of Sophia CAF 19-02018 Appealed from Family Court, Oneida County Background: The respondent, the biological father of the ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Level Three Risk – Downward departure People v. Simmons KA 20-00138 Appealed from Erie County Court Background: The defendant appealed from an order that determined him ...

United States Court of Appeals for the Second Circuit Drug and weapons possession Multiple apartments – Sufficiency of evidence United States v. Willis, et al. 18-3617-cr(L) Judges Pooler, Parker, and Lynch Background: The defendants appealed from their convictions on multiple ...

New York State Advisory Committee on Judicial Ethics Full-time judge Member of community board Opinion 21-38 Background: The inquiring judge asked if, after being elected as a full-time judge, whether he may continue to serve on a municipal community board. ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Adverse possession Pre-2008 amendments Rote v. Gibbs CA 20-00700 Appealed from Supreme Court, Cattaraugus County Background: The plaintiffs commenced an action seeking a determination that they are the lawful owners ...

United States Court of Appeals for the Second Circuit Double jeopardy Conspiracy charges – RICO United States v. Hicks 19-590-cr Judges Parker, Lohier, and Menashi Background: The defendant was convicted of marijuana conspiracy but acquitted of cocaine and cocaine base ...

New York State Advisory Committee on Judicial Ethics Judge’s memberships Bar association – Soliciting membership – Board of directors – Litigious not-for-profit Opinion 21-34 Background: The inquiring full-time judge is an officer of certain bar associations and he would like ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Request for new counsel Minimal inquiry – Breakdown of communication People v. Robinson KA 18-02085 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of robbery arguing ...