NY Daily Record Since 1908

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 ...

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. ...

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 ...

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 ...

New York State Court of Appeals Workers’ Compensation Unrelated death – Posthumous schedule loss of use Estate of Norman Youngjohn v. Berry Plastics Corp. No. 12 Judge Stein Background: At issue on appeal is whether, in light of the legislature’s ...

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, ...

New York State Court of Appeals Executive Law 552 Special prosecutor – Unconstitutional delegation of authority People v. Viviani; People v. Hope; Peoiple v. Hodgdon Nos. 15-17 Judge Garcia Background: As part of the Protection of People with Special Needs ...

New York State Court of Appeals Water rents Liability – Regulatory construction Herkimer County Industrial Development Agency v. Village of Herkimer, et al. No. 14 Memorandum  Background: The defendant, via a counterclaim, sought a judgment declaring that the plaintiff is ...

New York State Court of Appeals Mortgage foreclosure Timeliness – Acceleration of debt Freedom Mortgage Corp. v. Engel; Ditech Financial v. Naidu Nos. 1, 2, 3 & 4 Judge Difiore Background: All four appeals relate to the timeliness of a ...

New York State Court of Appeals Attorneys’ fees Victim Assistance Programs – Office of Victim Services Juarez, et al. v. NYS Office of Victim Services, et al. No. 5 Judge Stein Background: The Regulations of the Office of Victim Services ...

New York State Court of Appeals Zone of danger Emotional distress – Immediate family – Grandparent Greene, et al. v. Esplanade Venture Partnership, et al. No. 6 Judge Fahey Background: At issue is whether the plaintiff-grandparent, who was in close ...

New York State Court of Appeals Search warrant Scope – Suppression People v. Gordon No. 9 Judge Wilson Background: At issue is whether the trial court erred in suppressing evidence of obtained from two vehicles located at a residence to ...