NY Daily Record Since 1908

New York State Court of Appeals Fourth Amendment Strip Searches People v. Mothersell No. 43 Appealed from the Fourth Department Background: The contraband the defendant stands convicted of possessing was recovered from his person by means of a strip-search conducted ...

Tagged with: Fourth Amendment New York State Court of Appeals

New York State Court of Appeals Election Law Ballots — Identifying Marks Matter of Robert T. Stewart v. Chautauqua County Board of Elections No. 79 Appealed from the Fourth Department Background: Three related proceedings were commenced pursuant to Article 16 ...

Tagged with: ballots election law New York State Court of Appeals

New York State Court of Appeals Sufficiency of Evidence People v. McDade No. 89 SSM 55 Appealed from the Third Department Background: The defendant was convicted of second-degree rape and appeals on the grounds of insufficient evidence. Forensic DNA testing ...

Tagged with: New York State Court of Appeals sufficiency of evidence

New York State Court of Appeals Brownfield Development Matter of Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation No. 3 Appealed from the Fourth Department Background: Lighthouse plans to redevelop land located along the Genesee ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals Zoning Prior Non-Conforming Uses Glacial Aggregates LLC v. Town of Yorkshire No. 26 Appealed from the Fourth Department Background: Glacial Aggregates LLC was formed in 1996 to conduct sand and gravel mining after John ...

Tagged with: New York State Court of Appeals Zoning

New York State Court of Appeals Fraud Definition of Records People v. Kisina No. 25 Appealed from the Second Department Background: The principal question presented at appeal is whether a physician can be found guilty of falsifying business records in ...

Tagged with: fraud New York State Court of Appeals

New York State Court of Appeals Subject Matter Jurisdiction Civil Appeals — Constitutional Questions Matter of Kachalsky v. Cacace SSD 4 Appealed from the Second Department Background: The civil matter concerns the Second Amendment and the “proper cause” requirement of ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals Negligence Firefighter’s Rule Wadler v. City of New York No. 24 Appealed from the First Department Background: The parking lot of the New York City Police Headquarters in Manhattan is protected by a gate ...

Tagged with: negligence New York State Court of Appeals

New York State Court of Appeals Pleas Duress People v. Brown No. 28 Appealed from the Fourth Department Background: The defendant, under indictment for one count of robbery in the third degree and one count of grand larceny in the ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals Adoption Applicability of Best Interests Rule Petition to Vacate an Adoption Decree, in the Adoption of John Doe No. 20 Appealed from the First Department Background: The parties to the proceeding are former lovers ...

Tagged with: adoption New York State Court of Appeals

New York State Court of Appeals Indictments   Lesser Included Offenses People v. Pierce No. 27 Appealed from the Fourth Department Background: A waiver of indictment and SCI were intended to effectuate a plea agreement between the prosecution and the ...

Tagged with: indictments New York State Court of Appeals

New York State Court of Appeals Fourth Amendment Traffic Stops People v. Edwards No. 87 SSM 6 Appealed from the Fourth Department Background: The defendant was driving a vehicle that was stopped by police based on probable cause to believe ...

Tagged with: Fourth Amendment New York State Court of Appeals Traffic stops