NY Daily Record Since 1908

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 ...

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 ...

New York State Court of Appeals Hearsay Statements against penal interest – Corroboration necessary People v. Thibodeau No. 63 Memorandum Background: The defendant had been convicted of kidnapping in connection with the disappearance of the victim. Twenty years later, he ...

New York State Court of Appeals Maltreatment of child Imminent danger – Use of child in shoplifting scheme Natasha W. v. New York State Office of Children and Family Services, et al. No. 65 Memorandum Background: At issue is whether ...

New York State Court of Appeals Assault Depraved indifference – Domestic violence People v. Wilson No. 68 Judge Garcia Background: The defendant assaulted his girlfriend on multiple occasions over a period of two months, causing numerous broken bones, a brain ...

New York State Court of Appeals Rent Regulation Reform Act Apportioned income – Joint tax return Brookford LLC v. NYS Division of Housing and community Renewal, et al. No. 69 Judge Feinman Background: At issue on appeal is whether, pursuant ...

New York State Court of Appeals Duty to indemnify General Municipal Law – Proper police work Lemma v. Nassau County Police Officer Indemnification Board, et al. No. 70 Judge DiFiore Background: At issue in this Article 78 proceeding is whether ...

New York State Court of Appeals Juror impartiality Preservation of issues – Testimony of gang activity People v. Bailey No. 71 Judge Rivera Background: The defendant appealed from his conviction of assault alleging that the court erred in failing to ...

New York State Court of Appeals Parental rights Termination – Abandonment – Burden of proof – Incarceration Matter of Mason H. No. 112 SSM 11 Memorandum Background: At issue is an order terminating the parental rights of the respondent on ...

New York State Court of Appeals Martin Act Statute of limitations People v. Credit Suisse Securities (USA) LLC, et al. No. 40 Judge DiFiore Background: At issue on appeal is whether General Business Law Article 23-a Sections 352 et seq. ...

New York State Court of Appeals Police officer accident retirement benefits Collateral source – Offset against jury award Andino v. Mills, et al. No. 56 Judge Rivera Background: At issue on appeal is whether a retired New York City police ...

New York State Court of Appeals Choice-of-law Contract interpretation – Borrowing statute 2138747 Ontario Inc. v. Samsung C&T Corp., et al. No. 57 Judge Fahey Background: At issue on appeal is whether New York’s borrowing statute applies when contracting parties ...