NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit Affirmative defense of duress Criminal conduct – Recklessly or negligent element USA v. Hernandez 16-2765 Judges Kearse, Cabranes, and Lohier Background: The defendant appealed from his conviction of assault with a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Legal sufficiency Masked repugnancy argument – Knowledge of order of protection People v. Nichols KA 15-00937 Appealed from Steuben County Court Background: The defendant appealed from his conviction of one ...

New York State Court of Appeals Social Services Law Abuse/neglect – Implementation of remedial measures Anonymous Intermediate Care Facility v. Molik, et al. No. 77 Judge Garcia Background: A resident in the petitioner’s residential health care facility committed three sexual ...

New York State Court of Appeals Criminal procedure Motion to quash subpoena – Appellate jurisdiction People v. Juarez No. 58 Memorandum Background: A non-party to a criminal action appealed from the denial of her motion to quash subpoenas served upon ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Lesser included offense Murder and manslaughter – Harmless error People v. McIntosh KA 14-01137 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of murder ...

United States Court of Appeals for the Second Circuit Maritime lien Security reduction ING Bank N.V. v. M/V Maritime King 16-3944 Judges Parker, Wesley, and Livingston Background: The ING Bank appealed from the grant of summary judgment to the defendant ...

New York State Court of Appeals Waiver of grand jury indictment Plea – Written waiver People v. Myers No. 78 Judge Wilson Background: The defendant had waived his right to be prosecuted by indictment by a grand jury and he ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Fall – Safety device – Adequate safety device Martin v. Niagara Falls Bridge Commission CA 17-01122 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced a Labor ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Vicious propensity Clumsy dog – Normal behavior Long v. Hess CA 18-00124 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action after suffering injuries when the defendant’s ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Pedestrian – Duty of care Luttrell v. Vega CA 17-01793 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action after a vehicle operated by ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act – Acceptance of  Responsibility – Relationship of Victim People v. Graves KA 16-02148 Appealed from Supreme Court, Monroe County Background: The defendant appeals from an order ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal mischief Vandalizing cars – Personhood People v. Graves KA 15-00100 Appealed from Seneca County Court Background: The defendant challenges his convictions for vandalizing cars at an auto dealership. He ...