NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Intent to sell Reckless endangerment – Sufficiency of evidence – Notice of grand jury People v. Hicks KA 15-01407 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from ...

United States Court of Appeals for the Second Circuit Heroin distribution Specific quantities – Sufficient evidence – Speculation United States v. Pauling 17-2539-cr Judges Katzmann, Kearse, and Chin Background: The government appealed from the grant of the defendant’s motion to ...

New York State Advisory Committee on Judicial Ethics Part-time attorney Municipal attorney – No prosecutorial role Opinion 19-02 Background: A part-time justice asks if he may serve as attorney of record to other villages and towns inside and outside his ...

United States Court of Appeals for the Second Circuit Act of State Doctrine Motion to dismiss – Jus Cogen norms Kashef v. BNP Paribas S. A. 18-1304-cv Judges Sack, Parker, and Chin Background: The defendants were convicted of several federal ...

New York State Advisory Committee on Judicial Ethics Discovery Judge communicating to governmental agencies – Emailing motion papers Opinion 19-03 Background: A housing court judge asks if he may, with the parties’ consent, expedite the proceeding by emailing governmental agencies ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea Knowing and voluntary – Motion to withdraw plea People v. Hector KA 16-01240 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of offering a ...

New York State Advisory Committee on Judicial Ethics Misconduct Reporting obligation – Non-attorney, non-judge Opinion 19-10  Background: The inquiring judge asks whether he has an ethical obligation to report his former housekeeper who has disclosed an ongoing medical fraud to ...

New York State Advisory Committee on Judicial Ethics Full-time judge Participation in steering committee – Educational conference Opinion 17-151 Background: A full-time judge asks if he may join a steering committee for the New York State Adult Abuse Training Institute, ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Search and seizure Parole officer – Legitimate reasons related to defendant’s status as a parolee People v. Derby KA 16-01904 Appealed from Onondaga County Court Background: The defendant appealed from ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Uncharged incident – Points assessment – Due process People v. Chrisley KA 17-00300 Appealed from Genesee County Court Background: The defendant appealed from an order determining ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Premises liability Sip and fall – Credibility determination Bobik v. State of New York CA 18-01710 Appealed from the Court of Claims Background: The claimant, a state prison inmate, alleged ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Aggravated vehicular homicide Ignition interlock device – Mandatory term People v. Campagna KA 17-00741 Appealed from Cayuga County Court Background: The defendant appealed from a judgment convicting him of aggravated ...