NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Administrative disciplinary action Proper standard – Statements related to uncharged conduct Kennedy v. NYS Office for People with Developmental Disabilities TP 18-01738 Transferred from Supreme Court, Onondaga County Background: The ...
Read More »Fourth Department – Resisting arrest: People v. Lowman
New York State Supreme Court, Appellate Division, Fourth Judicial Department Resisting arrest Officer authority – Speedy trial People v. Lowman KA 13-01831 Appealed from Monroe County Court Background: The defendant appealed from a conviction of resisting arrest. The conviction arises ...
Read More »Fourth Department – Ineffective assistance of counsel: People v. Bloodworth
The New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Speedy trial – Miscalculation People v. Bloodworth KA 15-01819 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from a judgment convicting him of ...
Read More »Fourth Department – Civil penalty: Lewis v. NYS Dept. of Motor Vehicles
New York State Supreme Court, Appellate Division, Fourth Judicial Department Civil penalty Mandatory minimum – Fairness – No abuse of discretion Lewis v. NYS Dept. of Motor Vehicles CA 18-00651 Appealed from Supreme Court, Monroe County Background: The petitioners commenced ...
Read More »Fourth Department – Tax foreclosure: Hoge v. Chautauqua County
New York State Supreme Court, Appellate Division, Fourth Judicial Department Tax foreclosure Foreclosure sale – Surplus money Hoge v. Chautauqua County CA 18-01186 Appealed from Supreme Court, Chautauqua County Background: The petitioners appealed from an order granting the respondent’s motion ...
Read More »Fourth Department – Driving while ability impaired: People v. Gibson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Driving while ability impaired Endangering welfare of a child – Jury credibility determinations People v. Gibson KA 16-01004 Appealed from Genesee county Court Background: The defendant appealed from a judgment ...
Read More »Fourth Department – Termination of parental rights: Matter of Ramon F.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Termination of parental rights Hearsay – Documentary evidence – Confrontation Clause Matter of Ramon F. CAF 18-00732 Appealed from Family Court, Monroe County Background: The respondent father appealed from an ...
Read More »Fourth Department – Open and obvious: Christopher J. G. v. Derico of East Amherst Corp.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Open and obvious Dangerous condition – Stall door Christopher J. G. v. Derico of East Amherst Corp. CA 18-01122 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced a ...
Read More »Fourth Department – Right to be present: People v. Geddis
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right to be present Jury selection – Voir dire People v. Geddis KA 17-01065 Appealed from Cattaraugus County Court Background: The defendant appealed from a jury verdict of assault, menacing, ...
Read More »Fourth Department – College’s sexual misconduct policy: A.E. v. Hamilton College, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department College’s sexual misconduct policy Due process – Violation of policy A.E. v. Hamilton College, et al. CA 18-01420 Appealed from Supreme Court, Oneida County Background: Just before the petitioner was ...
Read More »Fourth Department – Automatic external defibrillator: Diniro v. Aspen Athletic Club, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Automatic external defibrillator Operable – Gross negligence Diniro v. Aspen Athletic Club, et al. CA 18-01335 Appealed from Supreme Court, Onondaga County Background: The defendants appealed from an order that ...
Read More »Fourth Department – Unlawful surveillance: People v. Castaneda
New York State Supreme Court, Appellate Division, Fourth Judicial Department Unlawful surveillance Sentencing – Internet ban – SORA – Youthful adjudication People v. Castaneda KA 17-00045 Appealed from Genesee County Court Background: The defendant appealed from his conviction of unlawful ...
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