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New York State Court of Appeals

Jan 8, 2015

New York State Court of Appeals – Right to Counsel: People v. Johnson

New York State Court of Appeals – Right to Counsel – Continuing Representation Between Two Unrelated Crimes   People v. Johnson No. 218 Judge Smith   Background: The defendant, charged […]

Jan 7, 2015

New York State Court of Appeals – Town Code: People v. On Sight Mobile Opticians

New York State Court of Appeals – Town Code – Constitutionality – Severability   People v. On Sight Mobile Opticians No. 222 Memorandum   Background: The defendant was charged with […]

Jan 7, 2015

New York State Court of Appeals – Mechanic’s Lien: Rigano v. Vibar Construction

New York State Court of Appeals – Mechanic’s Lien – Misnomer of Property Owner – Amendment   Rigano v. Vibar Construction No. 223 Judge Lippman   Background: At issue is […]

Jan 5, 2015

New York State Court of Appeals – Motion to Vacate Judgment: People v. Jones

New York State Court of Appeals – Motion to Vacate Judgment – Newly Discovered Evidence – Power of Review   People v. Jones No. 219 Judge Pigott   Background: The defendant […]

Jan 2, 2015

New York State Court of Appeals – Search Incident to Arrest: People v. Reid

New York State Court of Appeals –  Search Incident to Arrest – Probable Cause   People v. Reid No. 205 Judge Smith   Background: At issue is whether a search […]

Dec 31, 2014

New York State Court of Appeals – Traffic Stops: People v. Argyris; People v. DiSalvo; People v. Johnson

New York State Court of Appeals – Traffic Stops – Anonymous 911 Call – Reasonable Suspicion   People v. Argyris; People v. DiSalvo; People v. Johnson Nos: 198, 199, 210 Memorandum […]

Dec 30, 2014

Court of Appeals – D.T. v. Rich

New York State Court of Appeals Negligent Supervision Emotional and Behavioral Issues D.T. v. Rich No. 207 Memorandum Background: The Department of Social Services placed the plaintiff, a 13-year-old child, […]

Dec 29, 2014

Court of Appeals – People v. Allen

New York State Court of Appeals Indictments – Non-facial Duplicity Trial Evidence – Preservation People v. Allen No. 206 Judge Lippman Background: At issue is whether a duplicity argument based […]

Dec 26, 2014

New York State Court of Appeals – Sentencing: New York State Court of Appeals – Sentencing

New York State Court of Appeals – Sentencing – Adjournment – Timeliness of Motion   People v. Spears No. 204 Memorandum   Background: The defendant was charged with one count of […]

Dec 23, 2014

New York State Court of Appeals – Amending Complaint: Kimso Apartments v. Mahesh Gandhi

New York State Court of Appeals – Amending Complaint – Litigation Strategy – Prejudice to Opposing Party   Kimso Apartments v. Mahesh Gandhi No. 197 Judge Rivera   Background: The defendant-counterclaimant […]

Dec 22, 2014

New York State Court of Appeals – Indian Nation’s Corporate Entity: Sue/Perior Concrete & Paving v. Lewiston Golf Course

New York State Court of Appeals – Indian Nation’s Corporate Entity – Sovereign Immunity   Sue/Perior Concrete & Paving v. Lewiston Golf Course No. 196 Judge Pigott   Background: The defendant […]

Dec 19, 2014

New York State Court of Appeals – Insurance Law: Sierra v. 4401 Sunset Park

New York State Court of Appeals – Insurance Law – Notice of Disclaiming Coverage – Multiple Insurers   Sierra v. 4401 Sunset Park No. 216 Judge Smith   Background: Section 3420 […]

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