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DA might try to re-indict Charlie Tan
Assistant Monroe County District Attorney Kelly Wolford said during arguments before a Fourth Department panel Wednesday that her office could attempt to re-indict Charlie Tan for the death of his father. In November 2015, after a mistrial was declared in the case because of a hung jury, then-Monroe County Court Judge James Piampiano issued a […]
Murder conviction in boy’s death overturned in split decision
In a 3-2 decision, the Appellate Division of state Supreme Court has granted a new trial to an Erie County man convicted of sexually abusing and killing a child. Although the Fourth Department dismissed defendant Matthew Kuzdzal’s claims that there was insufficient evidence to prove the crimes against him, the majority overturned the conviction and […]
Court of Appeals denies ‘bold request’
The New York state Court of Appeals has denied the “bold request” of a defense lawyer who sought a new rule to keep prosecutors from using all post-Miranda statements from defendants. “The rule proposed by defendant would render inadmissible for impeachment purposes any statement elicited by law enforcement after the defendant invokes the right […]
Fourth Dept cites prosecutorial misconduct in overturning conviction
The Appellate Division of state Supreme Court, Fourth Department, overturned an Erie County Court criminal conviction because of prosecutorial misconduct and ineffective defense counsel. Glasco P. Rozier, 27, was convicted in May 2014 of second-degree criminal possession of a weapon. He was sentenced to five years in prison. On Sept. 13, 2012, two […]
Erie County conviction overturned because of lack of grand jury notice
The Appellate Division of state Supreme Court, Fourth Department, has overturned a criminal conviction in Erie County Court because the defendant was improperly denied his right to testify before the grand jury that indicted him. The panel dismissed the indictment against Gerald Moss, 53, who was convicted in March 2014 of two counts […]
A key part of Obama’s climate legacy gets its day in court
President Barack Obama’s signature effort to combat global warming will be in the hands of federal judges this week, as an appeals court in Washington weighs the legality of the administration’s plan to force sharp cuts in power plants’ carbon emissions and push the nation toward cleaner energy sources. Even after a marathon hearing […]
Juror’s weather research not enough for new trial
The Missouri Supreme Court ruled last week that a plaintiff in a slip-and-fall case is not owed a new trial even after a juror admitted to conducting independent research. In a 4-3 decision, the court’s majority acknowledged that the juror’s misconduct — looking up the weather on the day of the accident — raises a […]
US appeals court tosses out $654 million verdict against PLO
NEW YORK — A U.S. appeals court on Wednesday tossed out a $654 million jury verdict against the Palestine Liberation Organization for terrorist attacks in the early 2000s in Israel that killed or wounded Americans, saying the U.S. courts lack jurisdiction because the attacks were random and not aimed at the United States. The United […]
Appeals court rules NYC can use GPS to track taxi drivers
NEW YORK — A federal appeals court ruled Friday that New York City can track taxi drivers by using their cabs’ GPS systems. The Second Circuit Court of Appeals ruling came in the case of cabbie Hassan El-Nahal, who filed a lawsuit in 2013 charging that the tracking system violated his Fourth Amendment protection against […]
Conviction without proper filing dismissed by Fourth Department
An appeals court has thrown out the misdemeanor conviction of a Wyoming County man because he was never officially charged with the crime. Robert Haigler pleaded guilty to second-degree promoting prison contraband Sept. 5, 2013 before Wyoming County Court Judge Mark H. Dadd. Haigler was initially indicted on a charge of first-degree promoting prison contraband. […]
Court upholds ‘net neutrality’ rules on equal internet access
WASHINGTON — A federal appeals court on Tuesday upheld the government’s “net neutrality” rules, preserving regulations that force internet providers such as Comcast and AT&T to treat all online traffic — everything from Netflix and cat videos to games and downloads — equally. The 2-1 ruling is a sweeping victory for the Obama administration and the consumer […]
Fourth Department reverses murder conviction, grants new trial
An appeals court has granted a new trial to a former Syracuse man who was convicted 18 months ago of murdering his estranged wife in 1985. Ronald Meadow, 62, was convicted of second-degree murder on Dec. 12, 2014, and sentenced to 25 years to life in prison. Meadow’s lawyer claimed, and the Fourth Department unanimously […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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