NY Daily Record Since 1908

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...