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New York State Court of Appeals

Court of Appeals – Suppression: People v. Henry

New York State Court of Appeals Suppression Unrepresented suspect – Related charges People v. Henry No. 60 Judge Wilson Background: At issue on appeal is whether the interrogation of the defendant on a murder charge, for which he was not ...

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Court of Appeals – Cigarette tax: White, et al. v. Schneiderman, et al.

New York State Court of Appeals Cigarette tax Pre-collection mechanism – Seneca Nation White, et al. v. Schneiderman, et al. No. 59 Judge Garcia Background: The plaintiffs assert that the enforcement of Section 471 of the Tax law, which imposes ...

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Court of Appeals – Motorcycle accident: Brown v. State of New York

New York State Court of Appeals Motorcycle accident Proximate cause – Plaintiff’s burden – Corrective action Brown v. State of New York No. 66-67 Judge Wilson Background: The administrator of the decedent commenced an action against the state following a ...

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Court of Appeals – Civil rights: Marine Holdings LLC, et al. v. New York City Commission on Human Rights, et al.

New York State Court of Appeals Civil rights Reasonable accommodation – Substantial evidence Marine Holdings LLC, et al. v. New York City Commission on Human Rights, et al. No. 45 Memorandum Background: In the underlying Article 78 proceeding, the petitioners ...

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Court of Appeals – Buford inquiry: People v. Kuzdal

New York State Court of Appeals Buford inquiry Allegation of juror bias – Credibility determination People v. Kuzdal No. 48 Judge DiFiore Background: At issue is whether the trial court abused its discretion when it chose not to conduct an ...

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Court of Appeals – Possession of unlicensed firearm: People v. Wallace

New York State Court of Appeals Possession of unlicensed firearm Place of business exception People v. Wallace No. 49 Judge Feinman Background: At issue on appeal is whether “the place of business” exception to Penal Law 265.03(3) applies to an ...

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Court of Appeals – Misappropriation of trade secret: E.J. Brooks Co. v. Cambridge Security Seals

New York State Court of Appeals Misappropriation of trade secret Unjust enrichment – Recoverable damages E.J. Brooks Co. v. Cambridge Security Seals No. 26 Judge Feinman Background: At issue is whether a plaintiff asserting claims of misappropriation of trade secret, ...

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Court of Appeals – Identity theft: People v. Roberts; People v. Rush

New York State Court of Appeals Identity theft Assumption of identity – Use of identifying information People v. Roberts; People v. Rush No. 42 & 43 Judge Rivera Background: The common issue presented in these appeals is whether the people ...

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Court of Appeals – Driving while intoxicated: People v. Odum

The New York State Court of Appeals Driving while intoxicated Breathalyzer – Voluntary – Suppression People v. Odum No. 46 Judge Stein Background: The people appealed from a determination by the trial court to suppress the results of a breathalyzer ...

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Court of Appeals – Unlawful use of scientific material: People v. Aleynikov

New York State Court of Appeals Unlawful use of scientific material Computer source code – Tangible – Intent People v. Aleynikov No. 47 Judge Fahey Background: The defendant was charged with the unlawful use of secret scientific material. At issue ...

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