NY Daily Record Since 1908
New York State Court of Appeals Right of confrontation Harmless error People v. Hemphill No. 82 SSM 12 Memorandum Background: The defendant was convicted of murder for the shooting death of a 2-year-old bystander. At issue was the shooter’s identity. ...
Read More »Court of Appeals – Speedy trial: People v. Galindo
New York State Court of Appeals Speedy trial Retroactive application of statutory amendment People v. Galindo No. 54 Judge Rivera Background: The defendant was charged in a single accusatory instrument with three misdemeanor counts and three traffic infractions. Seventeen months ...
Read More »Court of Appeals – Real estate tax: DCH Auto, et al. v. Town of Mamaroneck, et al.
New York State Court of Appeals Real estate tax Assessment challenge – Net lessee of property DCH Auto, et al. v. Town of Mamaroneck, et al. No. 55 Judge Wilson Background: The plaintiff leased a parcel of real property located ...
Read More »Court of Appeals – Sufficiency of indictment: People v. Hill
New York State Court of Appeals Sufficiency of indictment Synthetic cannabinoid – Statement of illegality People v. Hill No. 57 Judge Singas Background: The defendant was charged with criminal possession of a controlled substance for allegedly possessing an illegal synthetic ...
Read More »Court of Appeals – Fraudulent accosting: People v. Mitchell
New York State Court of Appeals Fraudulent accosting Accost definition – Sufficiency of complaint People v. Mitchell No. 44 Judge Garcia Background: The defendant waived prosecution by information and pleaded guilty to fraudulent accosting and was sentenced to time served. ...
Read More »Court of Appeals – Deportability: People v. Garcia
New York State Court of Appeals Deportability Defendant’s burden – Bench trial People v. Garcia No. 17 Memorandum Background: The defendant was originally charged with public lewdness, two counts of forcible touching, and two counts of sexual abuse after police ...
Read More »Court of Appeals – Mortgage foreclosure: Batavia Townhouses Ltd., et al. v. Council of Churches Housing Development Fund Co.
New York State Court of Appeals Mortgage foreclosure Canceling mortgage – Tolling or reviving the statute of limitations Batavia Townhouses Ltd., et al. v. Council of Churches Housing Development Fund Co. No. 45 Judge Troutman Background: At issue on appeal ...
Read More »Court of Appeals – Demutualized insurance company: Case Nos: 36-43
New York State Court of Appeals Demutualized insurance company Entitlement to proceeds Columbia Memorial Hospital v. Hinds; Schoch v. Lake Champlain OB GYN, PC; Maple Medical v. Scott, et al.; and five related appeals Case Nos: 36-43 Judge Wilson Background: ...
Read More »Court of Appeals – Best evidence rule: People v. Rodrigeuz
New York State Court of Appeals Best evidence rule Screenshots of text messages – Authentication People v. Rodrigeuz No. 51 Judge Cannataro Background: The defendant was charged with attempted use of a child in a sexual performance, disseminating indecent material ...
Read More »Court of Appeals – Evidentiary matters: People v. Deverow
New York State Court of Appeals Evidentiary matters Contradictory testimony – Hearsay exceptions People v. Deverow No. 46 Judge Singas Background: The defendant was convicted of murder and criminal possession of a weapon. The defendant attempted to call the girlfriend ...
Read More »Court of Appeals – Workers Compensation Law: Johnson v. City of New York; Liuni v. Gander Mountain, et al.
New York State Court of Appeals Workers Compensation Law Schedule loss of use – Subsequent injury Johnson v. City of New York; Liuni v. Gander Mountain, et al. Nos. 29 & 30 Jundge Cannataro Background: At issue in both appeals ...
Read More »Court of Appeals – Special duty rule: Ferreira v. City of Binghamton, et al.
New York State Court of Appeals Special duty rule Municipality’s negligence – No-knock warrant Ferreira v. City of Binghamton, et al. No 10. Judge Singas Background: At issue is whether New York’s special duty requirement applies to claim of injury ...
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