NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Inconsistent verdict Reckless assault – Intentional infliction of serious injury People v. Desius KA 18-02097 Appealed from Wayne County Court Background: The defendant appealed from a conviction of two counts ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Downward departure – lack of consent and points assessment People v. Catalano KA 18-01551 Appealed from Monroe County Court Background: The defendant appealed from an order ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Liability of corporate officer Participation Canandaigua National Bank and Trust v. Acquest South Park, et al. CA 18-02154 Appealed from Supreme Court, Monroe County Background: The defendant-third-party plaintiff appealed from ...

United States Court of Appeals for the Second Circuit Armed Career Criminal Act Force clause – Violent Felony Estrema v. United States 17-831 Judges Leval, Livingston, and Bianco Background: The petitioner filed a motion to vacate, set aside, or correct ...

New York State Court of Appeals Suppression hearing Reopen – Additional testimony – No decision People v. Cook No. 107 Judge Garcia Background: The defendant moved to suppress evidence and, after a hearing and argument, but before the court could ...

United States Court of Appeals for the Second Circuit Fair Labor Standards Act Offer of judgment – Judicial Review Mei Xing Yu v. Hasaki Restaurant Inc. 17-3388-cv Judges Walker, Calabresi, and Livingston Background: The plaintiff field a claim alleging violations ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Bankruptcy In rem action – Foreclosure Wilmington Savings Fund Society v. Fernandez CA 19-00573 Appealed from Supreme Court, Onondaga County Background: The defendant executed a note in favor of the ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child neglect Out-of-court disclosure – Corroboration – Expert testimony In the matter of Carmellah Z. CAF 18-02034 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Workers’ Compensation Law Negligence action – Jurisdiction Warren v. E.J. Militello Concrete, et al. CA 18-01085 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a negligence action to ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Witness credibility Assault – Jury verdict People v. Tripp KA 16-01623 Appealed from Onondaga County Court  Background: The defendant appealed from a judgment convicting him of criminal possession of a ...

New York State Court of Appeals Possession of a forged instrument Mens rea – Intent – Possession People v. Britt No. 108 Judge Fahey Background: The defendant challenges the legal sufficiency of his conviction of criminal possession of a forged ...

United States Court of Appeals for the Second Circuit Diplomatic immunity Subject matter jurisdiction – Commercial activity exception Broidy Capital v. Benomar 19-236 Judges Katzmann, Chin, and Droney Background: The plaintiffs appealed from the grant of summary judgment to the ...