NY Daily Record Since 1908

New York State Court of Appeals Motor vehicle license revocation hearing Two-hour rule – Deemed consent to chemical test Endara-Caicedo v. NYS Dept. of Motor Vehicles, et al. No. 7 Judge DiFiore Background: At issue is whether the two-hour rule ...

New York State Court of Appeals Proceeding pro se Unequivocal and clear request People v. Duarte No. 9 Memorandum Background: The defendant challenged a finding that he did not equivocally request to proceed pro se. During colloquy, the defendant referenced ...

New York State Court of Appeals Town Law Regulation of bow use Hunters for Deer Inc., et al. v. Town of Smithtown No. 1 Memorandum Background: At issue is whether Town Law 130 (27) authorized the defendant to regulate the ...

New York State Court of Appeals Insurance contract Policy premium date – Ambiguity Bonem v. William Penn Life Insurance Co. No. 31 SSM 32 Memorandum Background: The plaintiff’s husband purchased a life insurance policy that provided that the due date ...

New York State Court of Appeals Labor Law Konkur v. Utica Academy of Science Charter School No. 8 Judge Garcia Background: The issue presented on appeal is whether Section 198-b of the Labor Law, which prohibits wage kickbacks, contains an ...

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 ...

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 ...

New York State Court of Appeals Forum non conveniens Personal jurisdiction Estate of Margaret Kainer, et al. v. UBS AG, et al. No. 76 Judge Cannataro Background: At issue is a dispute over ownership of the proceeds of sale of ...

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 ...

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 ...

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 ...

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 ...