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New York State Court of Appeals

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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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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