New York State Court of Appeals Unlawful dealing with a Child Permitting Children to Remain in a Place of Drug Activity People v. Berry No. 94 Judge Fahey Background: The defendant appealed from the conviction of criminal possession of a ...
Read More »Court of Appeals – Grand Jury: People v. Griggs
New York State Court of Appeals Grand Jury Ineffective Assistance of Counsel – Pro Se Defendant People v. Griggs No. 87 Judge Garcia Background: At issue on appeal is whether errors made by the prosecution before the Grand Jury require ...
Read More »Court of Appeals – Medical Malpractice: Wally G. v. New York City Health and Hospitals Corporation
New York State Court of Appeals Medical Malpractice Notice of Claim – Leave to File Late Notice – Actual Knowledge of Injury Wally G. v. New York City Health and Hospitals Corporation No. 95 Judge Background: At issue on appeal ...
Read More »Court of Appeals – Custody Determinations: S.L. (Anonymous) v. J.R. (Anonymous)
New York State Court of Appeals Custody Determinations – Fundamental Right to Custody – Hearing Required S.L. (Anonymous) v. J.R. (Anonymous) No. 93 Judge Garcia Background: At issue is whether the Supreme Court properly made a final custody determination without ...
Read More »Court of Appeals – Prior Bad Acts: People v. Frankline
New York State Court of Appeals Prior Bad Acts Scope of Testimony – Prejudice People v. Frankline No. 89 Memorandum Background: The defendant challenged his conviction alleging that the testimony about his prior act of violence against the victim was ...
Read More »Court of Appeals – Conflict of Interest: People v. Wright
New York State Court of Appeals Conflict of Interest Denial of Hearing – Documentation Substantiating Allegations People v. Wright No. 88 Judge DiFiore Background: At issue is whether it was an abuse of discretion to deny the defendant’s 440 motion ...
Read More »Court of Appeals – Real Property Tax Law: Westchester Joint Water Works v. Assessor of City of Rye
New York State Court of Appeals Real Property Tax Law Mailing Requirements – Dismissal – Recommencement Westchester Joint Water Works v. Assessor of City of Rye No. 77 Judge Fahey Background: At issue is whether a proceeding dismissed for an ...
Read More »Court of Appeals – Protection of People with Special Needs Act: People v. Davidson
New York State Court of Appeals Protection of People with Special Needs Act Special Prosecutor – Authority – Town Court People v. Davidson No. 86 Memorandum Background: The defendant is an employee of the Finger Lakes Residential Center and was ...
Read More »Court of Appeals – Child Support Collections: Columbia County Support Collection Unit v. Risley
New York State Court of Appeals Child Support Collections Consecutive Six-Month Sentences Columbia County Support Collection Unit v. Risley No. 83 Judge Garcia Background: At issue is whether the Family Court, in revoking two prior suspended orders of commitment, was ...
Read More »Court of Appeals – Plea: People v. Reynolds
New York State Court of Appeals Plea Presentencing Conditions – Illegal Sentence People v. Reynolds No. 78 Memorandum Background: The defendant was charged with criminal possession of a weapon and menacing. After being incarcerated for six months he accepted a ...
Read More »Court of Appeals – Ineffective Assistance of Counsel: People v. Carver
New York State Court of Appeals Ineffective Assistance of Counsel Suppression Motion – No Colorable Argument People v. Carver No. 76 Judge Garcia Background: The defendant challenges his conviction of two counts of burglary alleging he did not have effective ...
Read More »Court of Appeals – Mode of Proceedings Error: People v. Mack
New York State Court of Appeals Mode of Proceedings Error Jury Inquiry – Meaningful Response People v. Mack No. 74 Judge Fahey Background: At issue is whether the preservation rule applies when counsel unquestionably had meaningful notice of a jury’s ...
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