NY Daily Record Since 1908

United States Court of Appeals for the Second Circuit First Step Act Compassionate release – Updated sentencing guidance United States v. Zullo 19-3218-cr Judges Winter, Calabresi, and Chin Background: The defendant was sentenced to a mandatory minimum of 15 years ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Upward departure – History of violence toward victim People v. Thomas KA 19-00528 Appealed from Supreme Court, Monroe County Background: The defendant appealed from a determination ...

New York State Advisory Committee on Judicial Ethics Medical malpractice case First-degree relative Opinion 20-100 Background: The inquiring judge presides in many medical malpractices cases, including lawsuits involving a local hospital. The judge’s first-degree relative has retained counsel and sued ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Mental Hygiene Law Mental abnormality – Juror misconduct State of New York v. Donald G. CA 18-01355 Appealed from Supreme Court, Cayuga County Background: The petitioner commenced this proceeding pursuant ...

New York State Advisory Committee on Judicial Ethics Part-time judge County executive’s working group – police reform Opinion 20-96 Background: A part-time attorney judge asks if he may serve on a county executive’s working group of various stakeholders to review ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Severing indictment Lesser included offenses – Murder and manslaughter People v. Smith KA 18-00944 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of manslaughter and ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Right to appeal Waiver – Best practices People v. Shantz KA 18-00078 Appealed from Supreme Court, Ontario County Background: The defendant appealed from his conviction of unlawful surveillance contending that ...

United States Court of Appeals for the Second Circuit Conditions of supervised release Vagueness – First Amendment violation United States v. Thomas Alonzo Bolin 19-2119-cr Judges Sack, Wesley, and Chin Background: The defendant appealed from the supervised release portion of ...

New York State Advisory Committee for Judicial Ethics Business agent Correction officers’ union Opinion 20-95 Background: A part-time judge asks whether he may serve as a business agent for a correction officers’ union, when the role does not involve any ...

United States Court of Appeals for the Second Circuit Securities Investor Protection Act Profits of fraud – Claw back provisions – Consistent with Bankruptcy Code In re: Bernard L Madoff Investment Securities LLC 19-0429-bk(L) Judges Walker, Cabranes, and Sack Background: ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Safety devices – Presence on worksite – Duty Schutt v. Bookhagen CA 19-01214 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Policy exclusion – Intentional acts Scalzo v. Central Co-operative Insurance Co. CA 19-01201 Appealed from Supreme Court, Oneida County  Background: The defendant appealed from a declaration that it ...