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New York State Court of Appeals

Court of Appeals – Claim preclusion: Simmons v. Trans Express Inc.

New York State Court of Appeals Claim preclusion Small claims – Federal action Simmons v. Trans Express Inc. No. 34 Judge Stein Background: The plaintiff commenced an action against her former employer in small claims court seeking money damages arising ...

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Court of Appeals – Deceptive business act: Himmelstein, McConnell, Gribben, Donoghue & Joseph, et al v. Matthew Bender & Co.

New York State Court of Appeals Deceptive business act Material misrepresentation – Incomplete recitation of laws in publication Himmelstein, McConnell, Gribben, Donoghue & Joseph, et al v. Matthew Bender & Co. No. 39 Judge Rivera  Background: The issue on appeal ...

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Court of Appeals – Eavesdropping warrants: People v. Schneider

New York State Court of Appeals Eavesdropping warrants Cell phones – Jurisdiction People v. Schneider No. 41 Judge DiFiore Background: At issue on appeal is whether the court had jurisdiction to issue eavesdropping warrants for the defendant’s cell phones, which ...

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Court of Appeals – Traffic violations: People v. Iverson; People v. Cucceraldo

New York State Court of Appeals Traffic violations Default judgment – Traffic and Parking Violations Agency People v. Iverson; People v. Cucceraldo Nos. 36 & 37 Judge Garcia Background: Both defendants were charged with traffic infractions and each pleaded not ...

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Court of Appeals – Search incident to arrest: People v. Mabry

New York State Court of Appeals Search incident to arrest Backpack – Support for warrantless search People v. Mabry No. 50 Memorandum Background: At issue on appeals is whether the people established that the warrantless search of the defendant’s backpack ...

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Court of Appeals – Accusatory instrument: People v. Slade, Brooks, & Allen

New York State Court of Appeals Accusatory instrument Participation of translator – Facial sufficiency People v. Slade, Brooks, & Allen Nos. 27-29 Judge Garcia Background: In each of the three appeals, the defendants challenged the facial sufficiency of the accusatory ...

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Court of Appeals – Sentencing: People v. Brown

New York State Court of Appeals Sentencing Right to personal statement – Appeal waiver People v. Brown No. 49 SSM 4 Memorandum Background: The defendant pleaded guilty to attempted assault and waived his right to appeal pursuant to negotiated sentence. ...

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Court of Appeals – New York State Constitution: Protect the Adirondacks! Inc. v. NYS Dept. of Env. Conservation, et al.

New York State Court of Appeals New York State Constitution Forever wild – Snowmobile trails Protect the Adirondacks! Inc. v. NYS Dept. of Env. Conservation, et al. No. 21 Judge Rivera Background: At issue is whether the state’s plan for ...

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Court of Appeals – Justification defense: People v. Anderson

New York State Court of Appeals Justification defense Expert testimony – adolescent development People v. Anderson No. 23 Memorandum Background: the defendant was 14 years old when he fired a revolver in the direction of a rival gang member on ...

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Court of Appeals – Refiling simplified traffic information: People v. Epakchi

New York State Court of Appeals Refiling simplified traffic information Reprosecution People v. Epakchi No 19 Judge DiFiore Background: At issue on appeal is the adopted rule of the Ninth and Tenth Judicial Districts of the appellate term under which, ...

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