New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender requiring confinement Sufficiency of evidence Nushawn W. v. State of New York CA 21-01174 Appealed from Supreme Court, Oneida County Background: The petitioner appealed from an order, after ...
Read More »Fourth Department – Murder: People v. St. John
New York State Supreme Court, Appellate Division, Fourth Judicial Department Murder Justification People v. St. John KA 19-00985 Appealed from Monroe County Court Background: The defendant appealed from his conviction of murder and two counts of criminal possession of a ...
Read More »Fourth Department – Labor Law: Vicki v. City of Niagara Falls, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Elevation risk Vicki v. City of Niagara Falls, et al. CA 21-01435 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced a Labor Law and negligence action ...
Read More »Fourth Department – Family offense: Ohler v. Bartkovich
New York State Supreme Court, Appellate Division, Fourth Judicial Department Family offense Harassment Ohler v. Bartkovich CAF 22-01105 Appealed from Family Court, Monroe County Background: The respondent appealed from an order of protection issued against him, arguing that the petitioner ...
Read More »Second Circuit – Kingpin statute: United States v. Montague
United States Court of Appeals for the Second Circuit Kingpin statute Sufficiency of indictment – Jury instructions United States v. Montague 18-2975-cr Judges Jacobs, Bianco, and Menashi Background: The defendant appealed from a jury verdict finding him guilty of nine ...
Read More »Fourth Department – 911 call: People v. Sides
New York State Supreme Court, Appellate Division, Fourth Judicial Department 911 call Admission into evidence – Victim’s crying People v. Sides KA 21-00869 Appealed from Supreme Court, Ontario County Background: The defendant appealed from his conviction of burglary and grand ...
Read More »Fourth Department – Independent medical examination: Nikel v. 5287 Transit Road LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Independent medical examination Preclusion of expert testimony – Second surgery Nikel v. 5287 Transit Road LLC CA 22-00484 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor ...
Read More »Fourth Department – Animal cruelty: People v. Minutolo
New York State Supreme Court, Appellate Division, Fourth Judicial Department Animal cruelty Authentication of video – Sufficiency of evidence People v. Minutolo KA 21-01424 Appealed from Wayne County Court Background: The defendant appealed from his conviction of overdriving, torturing and ...
Read More »Second Circuit – Forfeiture: United States v. Swartz Family Trust
United States Court of Appeals for the Second Circuit Forfeiture Time-barred – Bona fide purchaser for value United States v. Swartz Family Trust 19-2822(L) Judges Calabresi, Lynch, and Lohier Background: The claimants-appellants filed third-party petitions asserting an interest in property ...
Read More »Second Circuit – Child pornography: United States v. Osuba
United States Co urt of Appeals for the Second Circuit Child pornography Minor as passive recipient United States v. Osuba 20-3322 Judges Calabresi, Park, and Nardini Background: The defendant was convicted of using a minor to engage in sexually explicit ...
Read More »Fourth Department – Motion to strike: Harms v. TLC Health Network, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Motion to strike Electronic data – Substantial compliance Harms v. TLC Health Network, et al. CA 21-00704 Appealed from Supreme Court, Erie County Background: The plaintiff appealed from an order ...
Read More »Fourth Department – Search warrant: People v. Howard
New York State Supreme Court, Appellate Division, Fourth Judicial Department Search warrant Probable cause – Confidential informant People v. Howard KA 19-01113 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a ...
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