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Case Digests

Longshore Workers’ Compensation: Service Employees International Inc. v. Workers’ Compensation Program

U.S. Court of Appeals, Second Circuit Longshore Workers’ Compensation Disability — Appellate Review Service Employees International Inc. v. Workers’ Compensation Program 08-2515-ag Petition for review; Benefits Review Board Background: The decision concerns a petition for review of a final order ...

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Pre-Arrest Lineup: People v. Brown

Appellate Division, Fourth Department Pre-Arrest Lineup People v. Brown KA 08-01039 Appealed from Erie County Court Background: The defendant appealed his murder conviction, based in part on the identification procedure employed. Four years after a shooting, police remained unable to ...

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Burglary: People v. Bergman

Appellate Division, Fourth Department Burglary Sufficiency of Evidence People v. Bergman KA 08-01368 Appealed from Oswego County Court Background: Convicted after trial of burglary and criminal mischief, the defendant contended the evidence was legally insufficient. Two entryway doors were broken ...

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Prosecutorial Misconduct: People v. Rivera

Appellate Division, Fourth Department Prosecutorial Misconduct Restitution People v. Rivera KA 08-02137 Appealed from Jefferson County Court Background: The defendant appealed his conviction of second-degree arson, contending he was denied a fair trial. The prosecutor failed to correct a witness who ...

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False Claims Act: Johnson ex rel. U.S. v. University of Rochester

U.S. District Court, Western District of New York False Claims Act Johnson ex rel. U.S. v. University of Rochester 07-CV-6149 Judge Larimer Background: The action falls under the False Claims Act, 31 U.S.C. §3729. The plaintiff relators, Keith Johnson, M.D., ...

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Pleas: People v. Brown

New York State Court of Appeals Pleas Duress People v. Brown No. 28 Appealed from the Fourth Department Background: The defendant, under indictment for one count of robbery in the third degree and one count of grand larceny in the ...

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Evidence: People v. Anzalone

Appellate Division, Fourth Department Evidence Video Reconstruction People v. Anzalone KA 09-01432 Appealed from Livingston county Court Background: The defendant was convicted of second-degree attempted arson after trial. On appeal, he challenged the use of a videotape reconstructing the incident. ...

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Evidence: Thompson v. Mather

Appellate Division, Fourth Department Evidence Videotaped Testimony Thompson v. Mather 1437 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced a medical malpractice action, alleging the defendants deviated from the standard of care in providing obstetrical and gynecological treatment ...

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Criminal Mischief: People v. Butler

Appellate Division, Fourth Department Criminal Mischief Value of Property People v. Butler KA 07-02658 Appealed from Ontario County Court Background: The defendant was convicted of a felony, criminal mischief in the third degree, as well as other crimes for throwing ...

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Adoption: Petition to Vacate an Adoption Decree, in the Adoption of John Doe

New York State Court of Appeals Adoption Applicability of Best Interests Rule Petition to Vacate an Adoption Decree, in the Adoption of John Doe No. 20 Appealed from the First Department Background: The parties to the proceeding are former lovers ...

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