NY Daily Record Since 1908

New York State Court of Appeals Assault Physical injury – Lesser-included offense People v. Sipp No. 95 SSM 15 Memorandum Background: The defendant was convicted of assaulting his former girlfriend’s face and neck with a sharp instrument and repeatedly stomping ...

New York State Court of Appeals Sex Offender Registration Act Disclosure of internet identifiers – Services used by sex offender People v. Ellis No. 54 Judge Fahey Background: On appeal, the people argue that a level three sex offender was ...

New York State Court of Appeals Tax Law Information services – Personal and individual data Wegmans Food Markets Inc. v. Tax Appeals Tribunal of the State of New York No. 56 Judge Feinman Background: During an audit of Wegmans’s sales ...

New York State Court of Appeals Excited utterance Lesser-included offence – Standard People v. Almonte No. 57 Memorandum Background: The defendant appealed from his convictions for second-degree robbery, second-degree assault, and attempted first-degree assault on the grounds that the trial ...

New York State Court of Appeals Homicide Lesser-included offenses – Conviction on highest possible count People v. McIntosh No. 58 Memorandum Background: On appeal, the defendant argued that it was in error for the trial court to deny his request ...

New York State Court of Appeals Specific performance Contract interpretation – Unmarketable title – Securing subdivision approval Tomhannock LLC v. Roustabout Resources, LLC, et al. No. 52 Memorandum Background: The plaintiff sold a parcel of land to a predecessor-in-title of ...

New York State Court of Appeals Creditor lien Marital property – Interest in real property Pangea Capital Management LLC v. Lakian No. 53 Judge Wilson Background: The Second Circuit Court of Appeals certified a question to the New York Court ...

New York State Court of Appeals Brady material Surveillance video – Change in defense strategy People v. Ulett No. 55 Judge Garcia Background: The defendant was convicted of murder on the basis of several witnesses who placed the defendant at ...

New York State Court of Appeals Peremptory challenge Race-neutral explanation – Consecutive sentences – Possessory crime People v. Malloy No. 78 SSM 10 Memorandum Background: The defendant challenged his conviction of second-degree murder and second-degree criminal possession of a weapon. ...

New York State Court of Appeals Civil Service Law Employee reinstatement – Prolonged absence – Covered employment Jordan et al. v. New York City Housing Authority No. 40 Judge Garcia Background: At issue on appeal is whether the petitioner falls ...

New York State Court of Appeals Election Law Electronic ballots – Disclosure Kosmider v. Whitney No. 41 Judge Difiore Background: At issue is a document request concerning the electronic voting system implemented in 2009. The petitioner forwarded a series of ...

New York State Court of Appeals Ineffective assistance of counsel Jury nullification defense – Thorough representation People v. Mendoza No. 42 Judge DiFiore Background: At issue on appeal is whether defense counsel is ineffective for advancing a jury nullification defense ...