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New York State Court of Appeals

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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Court of Appeals – Hearsay: People v. Thibodeau

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 ...

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Court of Appeals – Maltreatment of child: Natasha W. v. New York State Office of Children and Family Services, et al.

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 ...

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Court of Appeals – Assault: People v. Wilson

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 ...

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Court of Appeals – Rent Regulation Reform Act: Brookford LLC v. NYS Division of Housing and community Renewal, et al.

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 ...

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Court of Appeals – Duty to indemnify: Lemma v. Nassau County Police Officer Indemnification Board, et al.

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 ...

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Court of Appeals – Juror impartiality: People v. Bailey

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 ...

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Court of Appeals – Parental rights: Matter of Mason H.

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 ...

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Court of Appeals – Choice-of-law: 2138747 Ontario Inc. v. Samsung C&T Corp., et al.

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 ...

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