Please ensure Javascript is enabled for purposes of website accessibility
Home / Case Digests (page 20) /

Case Digests

Fourth Department – Mental Hygiene Law: Richard R. V. State of New York

New York State Supreme Court, Appellate Division, Fourth Judicial Department Mental Hygiene Law Evidentiary hearing – Scheduling – Due process Richard R. V. State of New York CA 19-00333 Appealed from Supreme Court, Oneida County Background: The petitioner appealed from ...

Read More »

Second Circuit – Sentencing error: Hurd v. Fredenburgh

United States Court of Appeals for the Second Circuit Sentencing error Detained beyond mandated release – Qualified immunity Hurd v. Fredenburgh 19-3482 Judges Walker, Katzmann, and Wesley Background: The plaintiff appealed from the dismissal of his complaint for failing to ...

Read More »

Fourth Department – Youthful offender: People v. Z.H.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Youthful offender Factors for determination – Rehabilitation and history of violence People v. Z.H. KA 18-01631 Appealed from Onondaga County Court Background: The defendant appealed from her conviction of assault. ...

Read More »

Fourth Department – Dangerous sex offender: State of New York v. Joseph R.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dangerous sex offender Frye hearing – Harmless error State of New York v. Joseph R. CA 19-01103 Appealed from Supreme Court, Oneida County Background: The respondent appealed from an order ...

Read More »

Western District Case Notes

Kevin Hogan

This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Diversity Jurisdiction In Power Authority of the State of New York v. Advanced Energy Industries, Inc., No. ...

Read More »

Fourth Department – Child pornography: People v. Becktoft

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child pornography Knowing possession – Sufficiency of evidence People v. Becktoft KA 15-01061 Appealed from Oneida County Court Background: The defendant appealed from his conviction of five counts of possessing ...

Read More »

Fourth Department – Medical malpractice: Hilbrecht v. Greco M.D.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Expert qualifications – Anonymous expert Hilbrecht v. Greco M.D. CA 19-01179 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced a medical malpractice action alleging that the ...

Read More »

Fourth Department – Trip and fall: Connors v. LMAC Management LLC

New York State Supreme Court, Appellate Division, Fourth Judicial Department Trip and fall Summary judgment – Prima Facie case for defendant Connors v. LMAC Management LLC CA 19-01271 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action ...

Read More »

Fourth Department – Rear-end collision: Wisniewski v. Jaeger

New York State Supreme Court, Appellate Division, Fourth Judicial Department Rear-end collision Sudden stop – Yield for emergency vehicle Wisniewski v. Jaeger CA 19-01787 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action for damages after sustaining ...

Read More »

Second Circuit – Trademark infringement: Omega SA et al. v. 375 Canal, LLC

United States Court of Appeals for the Second Circuit Trademark infringement Willful blindness – Summary judgment – Trial on the merits Omega SA et al. v. 375 Canal, LLC 19-969-cv Judges Raggi, Lohier, and Menashi Background: The defendant appealed from ...

Read More »

Fourth Department – Sentencing: People v. Ruise

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sentencing Court’s discretion – Complete record People v. Ruise KA 17-01906 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a weapon. ...

Read More »

Fourth Department – Traffic stop: People v. Scott

New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Opinion evidence People v. Scott KA 17-00009 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a weapon and driving ...

Read More »