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New York State Court of Appeals

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 ...

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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 ...

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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. ...

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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 ...

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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 ...

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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: ...

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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 ...

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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 ...

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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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