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New York State Court of Appeals

Court of Appeals – Pre-Miranda statement: People v. Ortiz

New York State Court of Appeals Pre-Miranda statement Post-Miranda statement – Harmless error People v. Ortiz No. 23 SSM 33 Memorandum Background: The defendant argued that the police engaged in improper pre-Miranda custodial interrogation and, therefore, his post-Miranda statements and ...

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Court of Appeals – Ineffective assistance of counsel: People v. Sposito

New York State Court of Appeals Ineffective assistance of counsel Waiver of Huntley hearing – Disprove element of crime People v. Sposito No. 21 SSM 31 Memorandum Background: At issue on appeal is whether the defendant’s counsel performance in defending ...

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Court of Appeals – Sex trafficking: People v. Lamb

New York State Court of Appeals Sex trafficking Jury instruction – Coercive acts and profit from prostitution People v. Lamb No. 77 Memorandum Background: The defendant was convicted of two sex trafficking counts and one count of promoting prostitution in ...

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Court of Appeals – Nuptial agreements: Anderson v. Anderson; In the matter of William F. Koegel

New York State Court of Appeals Nuptial agreements Defective acknowledgments Anderson v. Anderson; In the matter of William F. Koegel Nos. 78 & 79 Judge Rivera Background: At issue is whether non-compliance with the signature acknowledgment requirements of Domestic Relations ...

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Court of Appeals – Sidebar conferences: People v. Eilkins

New York State Court of Appeals Sidebar conferences Waiver – Pre-waiver absence and objection People v. Eilkins No. 35 Judge DiFiore Background: The question on appeal is wehether the defendant, having explicitly waived his Antommarchi right to be present at ...

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Court of Appeals – Law license suspension: Hallock v. Grievance Committee; Malerba v. Grievance Committee

New York State Court of Appeals Law license suspension Supervising attorney – Dishonest conduct Hallock v. Grievance Committee; Malerba v. Grievance Committee Nos. 74 & 75 Per Curiam Background: The appellants appealed from an appellate division imposition of reciprocal discipline ...

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