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New York State Court of Appeals

Court of Appeals – Workers’ Compensation death benefits: Verneau v. Consolidated Edison Co. of NY, et al.; Rexford v. Gould Erectors & Riggers Inc., et al.

New York State Court of Appeals Workers’ Compensation death benefits Special fund for reopened cases – Accrual Verneau v. Consolidated Edison Co. of NY, et al.; Rexford v. Gould Erectors & Riggers Inc., et al. Nos. 64 & 65 Judge ...

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Court of Appeals – False confessions: People v. Powell

New York State Court of Appeals False confessions Bedessi application – Discretion of court People v. Powell No. 22 Judge DiFiore Background: At issue on appeal is whether the trial court erred in denying the defendant’s People v. Bedessi 18 ...

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Court of Appeals – Public Health Law: Ortiz v. Ciox Health LLC, et al.

New York State Court of Appeals Public Health Law Copies of medical records – Private right of action Ortiz v. Ciox Health LLC, et al. No. 26 Judge Singas Background: The Second Circuit certified a question to the Court of ...

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Court of Appeals – Supplement jury instruction: People v. Williams

New York State Court of Appeals Supplement jury instruction Use of visualizer – Consent of parties People v. Williams No. 60 Judge Garcia Background: When a deliberating jury requests supplemental instruction, the Criminal Procedure Law requires the court to provide ...

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Court of Appeals – Sufficiency of the evidence: People v. Romualdo

New York Court of Appeals Sufficiency of the evidence Reasonable inferences People v. Romualdo No. 89 SSM 28 Memorandum Background: The defendant was convicted of second-degree murder. On appeal, the Appellate Division reversed holding that the people presented no evidence ...

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Court of Appeals – Suppression motion: People v. Ibarguen

New York State Court of Appeals Suppression motion Sufficiency People v. Ibarguen No. 56 Memorandum Background: At issue on appeal is whether it is an abuse of discretion in denying, without an evidentiary hearing, the branch of the defendant’s motion ...

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Court of Appeals – Venue: Lividini v. Goldstein, et al.

New York State Court of Appeals Venue Individually-owned medical practice Lividini v. Goldstein, et al. No. 57 Memorandum Background: The plaintiff, a resident of Westchester County, commenced a podiatric malpractice action for injuries arising from treatment she received in Westchester ...

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Court of Appeals – Canine sniff search: People v. Blandford

New York State Court of Appeals Canine sniff search Founded suspicion People v. Blandford No. 84 SSM 17 Memorandum Background: The defendant appealed from the denial of his motion to suppress marijuana found during a traffic stop of his vehicle. ...

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Court of Appeals – Preemption of state law: People v. Torres; People v. Lewis

New York State Court of Appeals Preemption of state law Stricter penalties – Constitutionality – Mens rea People v. Torres; People v. Lewis Nos. 52 & 53 Judge Garcia Background: Both defendants were convicted for violating the New York City ...

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Court of Appeals – Employment discrimination: Sassi v. Mobile Life Support Services

New York State Court of Appeals Employment discrimination Completion of criminal sentence Sassi v. Mobile Life Support Services No. 55 Judge DiFiore Background: At issue is whether the plaintiff adequately alleged that the defendant, a former employer, violated the antidiscrimination ...

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Court of Appeals – Right to counsel: People v. Shanks

New York State Court of Appeals Right to counsel Forfeiture – Waiver of appeal People v. Shanks No. 58 Judge Fahey Background: The defendant was accused of wrongfully obtaining insurance payments on the theory that he sought lost wage compensation ...

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Court of Appeals – Mens rea: People v. Gaworecki

New York State Court of Appeals Mens rea Recklessness and criminal negligence – Heroin overdose People v. Gaworecki No 40. Judge Fahey Background: At issue on appeal are the two culpable mental states defined in the Penal Law: recklessness and ...

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