NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Double jeopardy Mistrial – Provocation exception People v. Haffa KA 18-01630 Appealed from Chautauqua County Court Background: The defendant appealed from his conviction of robbery. He argues that he was ...

United States Court of Appeals for the Second Circuit Environmental Protection Agency Review of Final Rule – Substantial evidence standard Labor Council v. EPA 19-1042L Judges Leval, Cabranes, and Raggi Background: The petitioner challenged a Final Rule published by the ...

United States Court of Appeals for the Second Circuit Mandatory Victims Restitution Act Foreseeable losses – Securities fraud United States v. Goodrich 19-208 Judges Calabresi, Pooler, and Carney Background: The defendant pleaded guilty to conspiracy to commit securities fraud. As ...

United States Court of Appeals for the Second Circuit Hobbs Act robbery Crime of violence – Sentencing United States v. Waite 18-2651 Judges Cabranes, Raggi, and Sullivan Background: The defendant appealed from his conviction and sentence on four counts of ...

United States Court of Appeals for the Second Circuit Securities Investor Protection Act Lack of good faith standard – Pleading requirements In re Bernard L. Madoff Inv. Sec. LLC 20-1333, 20-1334 Judges Wesley, Sullivan, and Menashi Background: The plaintiff was ...

New York State Advisory Committee on Judicial Ethics Full-time judge Former client – Uncontested divorce package Opinion 21-87 Background: The inquiring judge asks if he may prepare an uncontested divorce package for a former client for whom he had previously ...

United States Court of Appeals for the Second Circuit Malicious prosecution & false arrest Probable cause – Favorable termination Kee v. City of New York 20-2201 Judges Lohier, Bianco, and Abrams Background: The plaintiff was arrest on alleged violations of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance Law 5218 Exhaustion of administrative remedies Graves v. MVAIC CA 20-01482 Appealed from Supreme Court, Erie County Background: The petitioner alleged to have been the victim of a hit ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression De facto arrest and custodial interrogation People v. Green KA 20-00053 Appealed from Yates County Court Background: The defendant appealed from his conviction of aggravated unlicensed operation of a ...

New York State Advisory Committee on Judicial Ethics Reported attorney to grievance committee Governmental law office – Judge-shopping Opinion 21-86 Background: The inquiring part-time judge filed a grievance against an attorney in a governmental law office. Shortly after the disciplinary ...

A state appeals court has ruled that a defendant’s incriminating statement to police in a murder case should have been suppressed, but there was enough additional evidence against him that the court let the conviction stand.

Tagged with: Fourth Department ruled statement should have been suppressed

New York State Advisory Committee on Judicial Ethics Remittal Incapacitated persons Opinion 21-85 Background: The inquiring judge has a remittable conflict that arises in matters where an attorney has been appointed by the court for a party that is apparently ...