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New York State Court of Appeals

Court of Appeals – DNA analysis: People v. Foster-Bey

New York State Court of Appeals DNA analysis Alternative method – Generally accepted method – Frye hearing People v. Foster-Bey No. 16 Memorandum Background: In the underlying case, the defendant shot a New York City police officer twice in the ...

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Court of Appeals – Fraudulent inducement with scienter: Bill Birds Inc., et al. v. Stein Law Firm PC, et al.

New York State Court of Appeals Fraudulent inducement with scienter Non-meritorious legal claims Bill Birds Inc., et al. v. Stein Law Firm PC, et al. No. 19 Judge DiFiore Background: At issue on appeal is whether the Appellate Division erred ...

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Court of Appeals – Preservation of claim: People v. Delorbe

New York State Court of Appeals Preservation of claim Immigration consequences – Plea proceedings People v. Delorbe No. 21 Judge Garcia Background: At issue is whether the trial court fulfilled its obligation to apprise a defendant he may be deported ...

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Court of Appeals – Employer/employee relationship: Vega v. Postmates Inc.

New York State Court of Appeals Employer/employee relationship Exercise of control – Gig economy Vega v. Postmates Inc. No. 13 Judge Difiore Background: At issue is whether the decision by the Unemployment Insurance Appeals Board that the claimant, a former ...

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Court of Appeals – Workers’ Compensation: O’Donnell v. Erie County et al.

New York State Court of Appeals Workers’ Compensation Labor market attachment – Internal precedent – Developed record – Remittal O’Donnell v. Erie County et al. No. 14 Judge Rivera Background: The employer and workers’ compensation carrier challenged a Workers’ Compensation ...

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Court of Appeals – Sex Offender Registration Act: People v. Perez

New York State Court of Appeals Sex Offender Registration Act Foreign conviction – Endangering the welfare of a child People v. Perez No. 20 Judge Feinman Background: At issue is whether the defendant was properly assessed 30 points under risk ...

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Court of Appeals – Material inducement: Plavin v. Group Health Inc.

New York State Court of Appeals Material inducement Sufficiency of complaint – Health insurance coverage Plavin v. Group Health Inc. No. 12 Appealed from Judge Stein Background: At issue is whether the plaintiff has sufficiently alleged consumer-oriented conduct to assert ...

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Court of Appeals – DNA evidence: People v. Tsintzelis; People v. Velez

New York State Court of Appeals DNA evidence Analyst testimony – Hearsay – Confrontation Clause People v. Tsintzelis; People v. Velez Nos. 17 & 18 Memorandum Background: The Court of Appeals have held that, when confronted with testimonial DNA evidence ...

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Court of Appeals – Sentencing: People v. Anonymous

New York State Court of Appeals Sentencing Erroneously unsealed records – Resentencing People v. Anonymous No. 8 Judge Rivera Background: At issue is whether it is reversible error to consider erroneously unsealed records of a prior criminal action terminated in ...

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Court of Appeals – Sex Offender Registration Act: People v. Diaz

New York State Court of Appeals Sex Offender Registration Act Presentence report – Reliable hearsay People v. Diaz No. 37 SSM 28 Memorandum Background: The defendant pleaded guilty to one count of course of sexual conduct against a child in ...

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Court of Appeals – Labor Law: Biaca-Neto, et al. v. Boston Road II Housing Development Fund Corp., et al.

New York State Court of Appeals Labor Law Safety devices – Standing order – Violation of standing order Biaca-Neto, et al. v. Boston Road II Housing Development Fund Corp., et al. No. 34 SSM 30 Memorandum Background: The plaintiff alleged ...

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Court of Appeals – New York State Retirement: Bohlen v. DiNapoli, et al.

New York State Court of Appeals New York State Retirement Additional pension benefits – Pensionable compensation Bohlen v. DiNapoli, et al. No. 6 Judge Fahey Background: The petitioners held executive positions as employees of the Port Authority of New York ...

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