New York State Court of Appeals Court compensation Retired justices – Administrative discretion Loehr, et al. v. Administrative Board of the Courts of the State of New York No. 37 Per curiam Background: The plaintiffs are three retired Supreme Court ...
Read More »Court of Appeals – Right of confrontation: People v. Stone
New York State Court of Appeals Right of confrontation Stricken testimony – Unavailable witness People v. Stone No. 38 Judge Rivera Background: The defendant appealed from his conviction of assault alleging he was denied his right of confrontation. The charges ...
Read More »Court of Appeals – Driving while intoxicated: People v. Bushey
New York State Court of Appeals Driving while intoxicated Vehicle registration search – Probable cause People v. Bushey No. 50 Judge DiFiore Background: The defendant appealed from a conviction of driving while intoxicated. At the suppression hearing, the police officer ...
Read More »Court of Appeals – Agency defense: People v. Valentin
New York State Court of Appeals Agency defense Prior drug conviction – Molineux People v. Valentin No. 45 Judge DiFiore Background: At issue is whether the people are permitted to introduce evidence of a defendant’s prior drug sale conviction on ...
Read More »Court of Appeals – Fraudulent inducement: Connaughton v. Chipotle Mexican Grill, et al.
New York State Court of Appeals Fraudulent inducement Compensable damages – Failure to state a claim Connaughton v. Chipotle Mexican Grill, et al. No. 46 Judge Rivera Background: The plaintiff appealed from an Appellate Division order affirming the dismissal of ...
Read More »Court of Appeals -Suppression: People v. McMillan
New York State Court of Appeals Suppression Parolee status – Reasonable suspicion People v. McMillan No. 48 Judge Stein Background: The defendant was convicted of criminal possession of a weapon and unlawful possession of marijuana. He appealed from the court’s ...
Read More »Court of Appeals – Motion to Quash Warrants: Matter of 381 Search Warrants Directed to Facebook
New York State Court of Appeals Motion to Quash Warrants Criminal Proceeding – Appealability Matter of 381 Search Warrants Directed to Facebook No. 16 Judge Stein Background: At issue is the appealability of two Supreme Court orders. The first denied ...
Read More »Court of Appeals – Lien Notice: Rivera v. Dept. of Housing Preservation and Development of the city of New York, et al.; Enriquez v. Dept. of Housing Preservation and Development of City of New York
New York State Court of Appeals Lien Notice Unreasonable Expenses – Summary Discharge Rivera v. Dept. of Housing Preservation and Development of the city of New York, et al. Enriquez v. Dept. of Housing Preservation and Development of City of ...
Read More »Court of Appeals – Summations: People v. Anderson
New York State Court of Appeals Summations PowerPoint – Failure to Object – Ineffective Assistance of Counsel People v. Anderson No. 29 Judge Abdus-Salaam Background: The defendant appealed from his conviction of attempted murder and criminal possession of a weapon. ...
Read More »Court of Appeals – Consecutive Sentences: People v. Brahney
New York State Court of Appeals Consecutive Sentences Burglary and Intentional Murder – Types of Wounds People v. Brahney No. 26 Judge Stein Background: At issue is whether consecutive sentences were authorized under Section 70.25(2) of the Penal Law for ...
Read More »Court of Appeals – Labor Law: O’Brien v. Port Authority of New York and New Jersey, et al.
New York State Court of Appeals Labor Law Summary Judgment – Slip and fall – Expert Opinions O’Brien v. Port Authority of New York and New Jersey, et al. No. 27 Judge DiFiore Background: At issue on appeal is whether ...
Read More »Court of Appeals – Sex Offender Registration Act: People v. Cook
New York State Court of Appeals Sex Offender Registration Act Single Risk Assessment Instrument – Multiple Sentencing Courts People v. Cook No. 30 Judge Garcia Background: At issue is whether sentencing courts in two different counties may each render Sex ...
Read More »