NY Daily Record Since 1908
New York State Court of Appeals Mental competency examination Remand into custody People ex rel Molinaro v. Warden, Rikers Island No. 94 Judge Rivera Background: A criminal defendant was charged by misdemeanor with several offenses, none of which were qualifying ...
Read More »Court of Appeals – General Municipal Law: Borellie, et al. v. City of Yonkers
New York State Court of Appeals General Municipal Law Retiree supplement – Regular wages Borellie, et al. v. City of Yonkers No. 95 Judge Wilson Background: This case arises out of a dispute between the city of Yonkers and 39 ...
Read More »Court of Appeals – General Municipal Law benefits: City of Yonkers v. Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO
New York State Court of Appeals General Municipal Law benefits Permanent Disability – Firefighters City of Yonkers v. Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO No. 96 Judge Wilson Background: At issue is whether the Union and the city of ...
Read More »Court of Appeals – Sex Offender Registration Act: People v. Talluto
New York State Court of Appeals Sex Offender Registration Act Sexually violent offender – Foreign conviction and registration People v. Talluto No. 98 Judge Troutman Background: At issue on appeal is whether Section 168-a(3)(b) of the Correction Law requires any ...
Read More »Court of Appeals – Persistent violent felony offender: People v. Kaval
New York State Court of Appeals Persistent violent felony offender Resentencing – Supplemental evidence. People v. Kaval No. 103 Memorandum Background: The defendant initially sentenced as a persistent violent felony offender in 2013. On appeal, the people conceded that the ...
Read More »Court of Appeals – Harassment: People v. Lagano
New York State Court of Appeals Harassment Legally sufficient evidence People v. Lagano No. 102 Judge Rivera Background: At issue on appeal is whether the Appellate Term erroneously held that the evidence was legally insufficient to establish the defendant’s guilt ...
Read More »Court of Appeals – Justification: People v. Heiserman
New York State Court of Appeals Justification Reasonable use of force – Refusing lawful order People v. Heiserman No. 109, SSM 17 Memorandum Background: The defendant was charged with assault after an altercation with a police sergeant at a county ...
Read More »Court of Appeals – Uniform Commercial Code: Worthy Lending LLC v. New Style Contractors Inc.
New York State Court of Appeals Uniform Commercial Code Assignee – Holder of security interest Worthy Lending LLC v. New Style Contractors Inc. No. 86 Judge Wilson Background: At issue is whether, for purposes of Section 9-406 of New York’s ...
Read More »Court of Appeals – Special duty doctrine: Maldovan v. County of Erie, et al.
New York State Court of Appeals Special duty doctrine Justifiable reliance Maldovan v. County of Erie, et al. No. 90 Judge Troutman Background: The public administrator of the decedent estate commenced the underlying actions against the defendants alleging that the ...
Read More »Court of Appeals – Domestic violence: Howell v. City of New York, et al.
New York State Court of Appeals Domestic violence Police negligence – Assumption of special duty Howell v. City of New York, et al. No. 91 Memorandum Background: The plaintiff’s ex-boyfriend brutally attacked her and he was sentenced to prison for ...
Read More »Court of Appeals – Speedy trial: People v. Johnson
New York State Court of Appeals Speedy trial Pre-indictment delay – Multiple counts People v. Johnson No. 74 Judge Wilson Background: At issue is whether the Appellate Division misinterpreted People v. Taranovich, 37 N.Y.2d 442 (1975) when considering whether pretrial ...
Read More »Court of Appeals – Legislature wage increase: Delgado, et al. v. State of New York, et al.
New York State Court of Appeals Legislature wage increase Separation of powers – Supersession Delgado, et al. v. State of New York, et al. No. 83 Judge Cannataro Background: The plaintiffs challenge the constitutionally of part HHH of chapter 59 ...
Read More »