NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Youthful offender status Updated presentence report – Eligible youth People v. Jarvis KA 16-00980 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of two counts ...

New York State Advisory Committee on Judicial Ethics Prior representation Judge-shopping – Ethical obligations Opinion 18-171 Background: Before assuming the bench, the inquiring full-time judge practiced law jointly with a first-degree relative. The judge’s relative previously retained counsel in a ...

New York State Advisory Committee on Judicial Ethics Village’s non-discrimination policy Mandatory signature Opinion 18-161 Background: The inquiring judge asks whether it is ethically permissible to sign a statement of compliance with the Village’s recently adopted policy on non-discrimination and ...

United States Court of Appeals for the Second Circuit Prison Litigation Reform Act Three strike’s rule – Imminent danger exception – Dismissal as sanction – Misrepresenting litigation history Shepherd v. Commissioner Annucci 17-2261 Judges Cabranes, Droney, and Sullivan Background: The ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Show-up identification Non-complainant witness – Unduly suggestive People v. Knox KA 16-01552 Appealed from Supreme Court, Monroe County Background: The defendant appealed from a conviction of two counts of criminal ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Reasonable suspicion Pursuit of suspect – Common-law right of inquiry – Founded suspicion – 911 call People v. Harmon KA 16-00782 Appealed from Monroe County Court Background: The defendant appealed ...

New York State Advisory Committee on Judicial Ethics Part-time judge Fire district treasurer – Taxpayer supported Opinion 18-152 Background: A non-judge who expects to assume judicial office asks if he may serve simultaneously as town justice and treasurer of the ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Reasonable suspicion – Probable cause People v. Hinshaw KA 18-01077 Appealed from Erie County Court Background: The defendant appealed from a conviction of criminal possession of a weapon ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Right-of-way – Summary judgment Godwin v. Mancuso CA 18-01338 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action seeking damages for injuries she sustained ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Personal service Contract and breach of warranty – Beneficiary of sale Glazer v. Socata, S.A.S., et al. CA 18-00646 Appealed from Supreme Court, Monroe County Background: The plaintiff, as administrator ...

United States Court of Appeals for the Second Circuit Forum non conveniens Merger – Class action Fasano v. Li 18-100-cv Judges Wesley, Chin, and Sullivan Background: The plaintiffs appealed from the dismissal of their complaint on the ground of forum ...

New York State Advisory Committee on Judicial Ethics Part-time judge Assigned counsel program – Deputy administrator Opinion 18-149 Background: A part-time village justice asks if he may serve as a deputy administrator of the county’s assigned counsel program. The program ...