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New York State Court of Appeals

May 16, 2016

Court of Appeals – Probable Cause: People v. Joseph

New York State Court of Appeals Probable Cause Experienced Officer – Confidential Informant People v. Joseph No. 67 Memorandum Background: The defendant had appealed from his conviction on the grounds […]

May 13, 2016

Court of Appeals – Sex Offender Registration: People v. Howard

New York State Court of Appeals Sex Offender Registration No Sexual Contact – Level Three Adjudication People v. Howard No. 65 Judge Difiore Background: The defendant appeals from his designation […]

May 12, 2016

Court of Appeal: Insurance Law: Matter of Viking Pump, Inc. and Warren Pumps, Insurance Appeals

New York State Court of Appeals Insurance Law Contract Interpretation – Plain Language Matter of Viking Pump, Inc. and Warren Pumps, Insurance Appeals No. 59 Judge Stein Background: The Court […]

May 11, 2016

Court of Appeals – Franchised Motor Vehicle Dealer Act: Beck Chevrolet Co. v. General Motors LLC

New York State Court of Appeals Franchised Motor Vehicle Dealer Act Prohibited Franchise Sales Performance Standard Beck Chevrolet Co. v. General Motors LLC No. 48 Judges Rivera Background: The Second […]

May 10, 2016

Court of Appeals – Product Liability: Finerty v. Abex Corporation, et al.

New York State Court of Appeals Product Liability Strict Liability – Chain of Distribution and Commerce Finerty v. Abex Corporation, et al. No. 1 Judge Pigott Background: The plaintiff claims […]

May 9, 2016

Court of Appeals – Police Custody: People v. Wallace

New York State Court of Appeals Police Custody Street Encounter – Investigatory vs. Interrogatory People v. Wallace No. 51 Memorandum Background: The defendant argues on appeal that his admission that […]

May 6, 2016

Court of Appeals – Expert Testimony: Sadek v. Wesley, et al.

New York State Court of Appeals Expert Testimony Admissibility – Weight of Evidence Sadek v. Wesley, et al. No. 30 Memorandum Background: At issue is whether a medical expert’s opinion […]

May 5, 2016

Court of Appeals – Sixth Amendment: People v. John

New York State Court of Appeals Sixth Amendment Confrontation Clause – DNA Test – Primary Purpose – Testimonial in Nature People v. John No. 29 Judge DiFiore Background: At issue […]

May 2, 2016

Court of Appeals – Recorded Conversation: People v. Badalamenti

New York State Court of Appeals Recorded Conversation Vicarious Consent – Parent-Child Relationship People v. Badalamenti No. 71 Judge Fahey Background: The defendant lived on the second floor of a […]

Apr 29, 2016

Court of Appeals – Third-Party Culpability: People v. Powell

New York State Court of Appeals Third-Party Culpability Evidentiary Standard People v. Powell No. 47 Judge Garcia Background: The defendant challenged the evidentiary standard for third-party culpability arguing it infringes […]

Apr 28, 2016

Court of Appeals – Criminal Defense Trial: People v. Nelson

New York State Court of Appeals Criminal Defense Trial – Spectator Conduct – T-shirts with Image of the Victim People v. Nelson No. 45 Judge Fahey Background: The defendant was […]

Apr 27, 2016

Court of Appeals – Tenured Teacher: Springer v. Board of Education of the city School District of the City of New York, et al.

New York State Court of Appeals Tenured Teacher Resignation – Reinstatement – New York City Code Springer v. Board of Education of the city School District of the City of […]

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