NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Speedy trial Decision by counsel – Approval by court People v. Strauss KA 17-01099 Appealed from Onondaga County Court Background: The defendant appealed from a jury verdict convicting him of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Expert affidavit – Curing defect – License to practice medicine Stradtman v. Cavaretta CA 19-00398 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice ...

New York State Court of Appeals Defective accusatory instrument Obstructing governmental administration – Execution of search warrant People v. Wheeler No. 7 Memorandum Background: The defendant was convicted of obstructing governmental administration for backing his vehicle away from police officers ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Grandparent custody – Voluntary absence from child’s life Torres v. Rodriguez CAF 16-02075 Appealed from Family Court, Erie County Background: The father appealed from an order that awarded ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea withdrawal Defense counsel’s advice – Coercion People v. Shorter KA 17-01653 Appealed from Onondaga County Court Background: The defendant appealed from a judgment convicting him upon his plea of ...

United States Court of Appeals for the Second Circuit Summary judgment Conversion of cross-motion – Recognition of possible conversion Lin v. Shanghai City Corp. 18-3580 Judges Sack, Hall, and Rakoff Background: The plaintiffs are three kitchen workers formerly employed by ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Property agreement – Precluded copy Ramulic v. State of New York CA 18-02372 Appealed from Court of Claims Background: The defendant appealed from the judgment that it ...

New York State Court of Appeals Child support Federal assistance – Household income – Deference to agency interpretation Leggio v. Devine, et al. No. 9 Judge Wilson Background: In the underlying Article 78 proceeding, a parent challenged the determination of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Upward departure – Aggravating factor – Hacking into private computers People v. Potts KA 19-00153 Appealed from Monroe County Court Background: The defendant appealed from an ...

New York State Court of Appeals Illegally lenient sentence Defendant’s motion to vacate People v. Francis No. 11 Judge Garcia Background: The defendant moved to set aside a 1988 sentence of six months of incarceration, imposed upon his plea of ...

United States Court of Appeals for the Second Circuit Habeas petition Pseudonym – Anonymity factors United States v. Pilcher 18-3444-cr Judges Leval, Cabranes, and Sack Background: At issue on appeal is whether the denial of a motion to file a ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Late notice of claim Meritorious claim – Labor Law Phillips v. State of New York CA 19-01100 Appealed from Court of Claims Background: The claimant was allegedly injured while working ...