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Case Digests

Fourth Department – Appellate review: People v. Meyers

New York State Supreme Court, Appellate Division, Fourth Judicial Department Appellate review Poor record – Reconstruction hearing People v. Meyers KA 18-01114 Appealed from Steuben County Court Background: The defendant appealed from a judgment convicting him of two counts of ...

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Fourth Department – Suppression: People v. Moore

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Discarded handgun – Police observation People v. Moore KA 20-00592 Appealed from Onondaga County Court Background: The people appealed from the grant of the defendant’s motion seeking to suppress ...

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Second Circuit – Social Security retirement: Linza v. Saul

United States Court of Appeals for the Second Circuit Social Security retirement Windfall elimination – Uniformed service exception Linza v. Saul 19-2766 Judges Sullivan, Park, and Nardini Background: The plaintiff is a retired dual status technician with the National Guard. ...

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Fourth Department – Prison contraband: People v. Mclamore

New York State Supreme Court, Appellate Division, Fourth Judicial Department Prison contraband Dangerous contraband – Synthetic Marijuana People v. Mclamore KA 17-00971 Appealed from Wyoming County Court Background: The defendant appealed from his conviction of promoting prison contraband and conspiracy. ...

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Fourth Department – Medicaid: VDRNC, LLC v. Merrick

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medicaid Skilled nursing facility – Administrative remedies – Statute of limitations VDRNC, LLC v. Merrick CA 20-00503 Appealed from Supreme Court, Onondaga County Background: The plaintiff operates a skilled nursing ...

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Second Circuit – Paycheck Protection Program: Pharoahs GC Inc. v. U.S. Small Business Administration

United States Court of Appeals for the Second Circuit Paycheck Protection Program Business presenting live performances of a prurient sexual nature Pharoahs GC Inc. v. U.S. Small Business Administration 20-2170-cv Judges Lohier, Park, and Rakoff Background: The plaintiff is a ...

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Second Circuit – ERISA Compel arbitration: Cooper v. Ruane Cunniff & Goldfarb Inc.

United States Court of Appeals for the Second Circuit ERISA Compel arbitration – Third-party investment managers – Relating to employment Cooper v. Ruane Cunniff & Goldfarb Inc. 17-2805 Judges Lohier, Carney, and Sullivan Background: The plaintiff appealed from an order ...

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Fourth Department – Dunaway hearing: People v. Massey

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dunaway hearing De novo hearing – Subsequent justices hearing case People v. Massey KA 09-00914 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of murder ...

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Fourth Department – Motor vehicle accident: McCarthy v. Hameed

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Duty to see that which see through the proper use of senses – Serious injury McCarthy v. Hameed CA 20-00413 Appealed from Supreme Court, Monroe County Background: ...

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Fourth Department – Repugnant verdict: People v. Jennings

New York State Supreme Court, Appellate Division, Fourth Judicial Department Repugnant verdict Murder – Codefendant acquitted People v. Jennings KA 18-00637 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of murder in the second degree. ...

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Second Circuit – Qualified immunity: Vasquez v. Maloney, et al.

United States Court of Appeals for the Second Circuit Qualified immunity Unlawful search and seizure – Unconfirmed hunch Vasquez v. Maloney, et al. 20-1070-cv Judges Cabranes, Park, and Nardini Background: The defendant police officers appealed from an order denying their ...

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Fourth Department – Non-facial duplicity: People v. Hursh

New York State Supreme Court, Appellate Division, Fourth Judicial Department Non-facial duplicity Appellate review People v. Hursh KA 16-00067 Appealed from Monroe County Court Background: The defendant appealed from his conviction of robbery. He argues that the evidence at trial, ...

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