NY Daily Record Since 1908

The rape conviction of a Rochester man will stand, despite his claim that he was too drunk to form the necessary intent to commit the crime. The Court of Appeals last week rejected the claim of Donny P. Beaty, 29, ...

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The decision of an Oswego County judge to hear a drug case, instead of recusing himself, did not deny an Oswego man a fair trial, the Court of Appeals has ruled. The court, in its decision Thursday, found Oswego County ...

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A 1994 out-of-state murder conviction cannot be used as a predicate offense to sentence a Rochester man as a second felony offender for a 2008 sexual abuse conviction because he was only 15 when the first crime was committed. The ...

ALBANY — New York’s highest court ruled Thursday that police can interrogate suspects without reading their Miranda rights or providing a lawyer when they reasonably believe there’s a serious, ongoing emergency. The Court of Appeals said the emergency exception to ...

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A state law requiring private nursing homes to get permission before withdrawing more than 3 percent of their total equity is constitutional the Court of Appeals has ruled. The higher court Tuesday disagreed the Appellate Division and Supreme Court, which ...

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An attorney for the teenager convicted of shooting Rochester police officer Anthony DiPonzio in the head almost five years ago claims errors made before and after the trial are enough to reverse the conviction. Rochester attorney Mark D. Funk, who ...

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ALBANY — New York’s highest court agreed Thursday to let a man sue a drug-testing company for what he claims was a false positive test for marijuana that cost him a promised job, prospective marriage and months of anguish when ...

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Two men who filed a defamation suit against Syracuse University head basketball Coach James Boeheim failed to state a cause of action, an appeals court has ruled. The Appellate Division, Fourth Department on Friday affirmed a lower court’s decision dismissing ...

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The city of Rochester’s property inspection warrant law is constitutional, according to the Appellate Division, Fourth Department, which Friday ruled on yet another challenge. Michael A. Burger, the attorney representing the rental property owner, said he plans to seek leave ...

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The forfeiture of more than $185,000 from a Rochester man was properly granted to the federal government by the District Court, the U.S. Court of Appeals for the Second Circuit has found, but ruled the lower court committed “a significant ...

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The state is defending a 2010 law change that allows it to require nursing home owners to get written permission before spending more than 3 percent of their equity. It made its case recently before the state Court of Appeals, ...

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A Rochester man is challenging the legality of his sentence as a second felony offender, saying his previous conviction on a murder charge was out of state when he was 15 years old and that under New York law, he ...

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