NY Daily Record Since 1908
New York State Court of Appeals Election Law Designating petitions – Equal representation – Designation of gender Mintz v. Board of Elections in the City of New York No. 127 Memorandum Background: At issue on appeal is whether the petition ...
Read More »Court of Appeals – Jury note: People v. Parker; People v. Nonni
New York State Court of Appeals Jury note Meaningful notice – Common-law right of inquiry – Reasonable suspicion People v. Parker; People v. Nonni Nos. 35 & 36 Judge Rivera Background: The defendant challenge their convictions for robbery based on ...
Read More »Court of Appeals – Jury note: People v. Morrison
New York State Court of Appeals Jury note Meaningful notice – Defense’s mere awareness of its existence People v. Morrison No. 37 Memorandum Background: The defendant appealed from his conviction on the basis that a substantive jury note was not ...
Read More »Court of Appeals – Flu vaccine: Garcia, et al. v. New York City Department of Health and Mental Hygiene, et al.
New York State Court of Appeals Flu vaccine City Administrative Code – Separation of powers – Preemption Garcia, et al. v. New York City Department of Health and Mental Hygiene, et al. No. 64 Judge Stein Background: The respondents appealed ...
Read More »Court of Appeals – Social Services Law: Anonymous Intermediate Care Facility v. Molik, et al.
New York State Court of Appeals Social Services Law Abuse/neglect – Implementation of remedial measures Anonymous Intermediate Care Facility v. Molik, et al. No. 77 Judge Garcia Background: A resident in the petitioner’s residential health care facility committed three sexual ...
Read More »Court of Appeals – Criminal procedure: People v. Juarez
New York State Court of Appeals Criminal procedure Motion to quash subpoena – Appellate jurisdiction People v. Juarez No. 58 Memorandum Background: A non-party to a criminal action appealed from the denial of her motion to quash subpoenas served upon ...
Read More »Court of Appeals – Waiver of grand jury indictment: People v. Myers
New York State Court of Appeals Waiver of grand jury indictment Plea – Written waiver People v. Myers No. 78 Judge Wilson Background: The defendant had waived his right to be prosecuted by indictment by a grand jury and he ...
Read More »Court of Appeals – Defamation: Stega, et al v. New York Downtown Hospital, et al.
New York State Court of Appeals Defamation Absolute privilege – Participation in judicial and quasi-judicial proceedings Stega, et al v. New York Downtown Hospital, et al. No. 80 Judge Fahey Background: At issue is whether the statements made by one ...
Read More »Court of Appeals – Error of law: Waite, et al. v. Town of Champion
New York State Court of Appeals Error of law Regulatory compliance – Dissolution of fire district Waite, et al. v. Town of Champion No. 82 Judge Rivera Background: The petitioners commenced an Article 78 proceeding alleging that the respondent had ...
Read More »Court of Appeals – Administrative review: West Midtown Management Group v. State of New York
New York State Court of Appeals Administrative review Notice – Timely filing West Midtown Management Group v. State of New York No. 81 Judge Feinman Background: The Office of the Medicaid Inspector General notified the petitioner, an operator of a ...
Read More »Court of Appeals – Sixth Amendment right: People v. Harris
New York State Court of Appeals Sixth Amendment right Summations People v. Harris No. 83 Memorandum Background: At the conclusion of a bench trial on a class B misdemeanor offense, the trial court announced it would exercise its prerogative not ...
Read More »Court of Appeals – 440.10 motion: People v. Tiger
New York State Court of Appeals 440.10 motion Claim of innocence – Guilty plea People v. Tiger No. 62 Judge DiFiore Background: At issue on appeal is whether a claim of actual innocence lies under CPL 440.10 (1) (h) to ...
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