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Inmate misses hearing out of fear of being beaten
A former state prisoner who missed an assessment hearing out of fear of being beaten wants his sex offender risk level downgraded, claiming his absence was involuntary. James Poleun, 47, pleaded guilty in 2009 in Niagara County Court to a felony count of sexual performance of a child and was sentenced to one and a […]
Defense says teen killer was under duress
Defense counsel for a young man, who as a teenager was involved in the brutal murder of another teen, is asking an appeals court to reduce his conviction because she says the trial judge should have allowed a defense of duress. Barbara J. Davies, an attorney with the Legal Aid Bureau of Buffalo Inc., on […]
Court of Appeals clerk retiring
Andrew Klein, clerk of the state Court of Appeals, is retiring as of today. Klein announced in June he would retire at the end of the summer. He is being replaced by Deputy Clerk John P. Asiello, a Corning native who received his bachelor’s degree with honors, Phi Beta Kappa, from Harpur College, State University […]
Appeals court gives OK to Seneca casino
NEW YORK — An appeals court has upheld a lower-court’s rejection of a lawsuit challenging the Seneca Indian Nation’s right to operate a casino in Buffalo. The U.S. Court of Appeals for the 2nd Circuit in Manhattan ruled Tuesday. It rejected decade-old claims brought by groups and individuals opposed to the operation of a casino in […]
AD weighs allegations against Cicero town supervisor
Allegations of official misconduct against a town supervisor in Onondaga County are before the Appellate Division on a petition by the father of a fellow board member. Paul Becallo, father of Cicero Town Board member Mike Becallo, has filed a petition to remove Town Supervisor Jessica Zambrano from office, alleging a pattern of misconduct in […]
COA refuses to hear appeals in chimp personhood case
ALBANY — An animal rights group seeking legal personhood for chimpanzees won’t get a hearing in the state’s highest court. The Court of Appeals, without comment Tuesday, declined to hear the appeals by The Nonhuman Rights Project on behalf of Kiko and Tommy. Lower courts had rejected the organization’s argument that scientific evidence of chimps’ […]
Catholic groups lose another contraceptive court ruling
Another federal appeals court Friday ruled against Catholic church-affiliated groups that oppose being required to provide contraceptive care to employees through a third party. The U.S. Court of Appeals for the Second Circuit overturned a Brooklyn judge’s ruling affecting over 25,000 employees at two high schools, six hospitals, three nursing homes and several nonprofits. The appeals [&hel[...]
Conflicting accounts raise vehicle stop issues
Police had probable cause to arrest a driver after smelling marijuana when he rolled down the window of his car, which he claims was moving and ordered to stop by the police officer. The standard of evidence for a vehicle stop is the subject of a decision in which a Webster town justice ruled police […]
Truckers fight having Thruway tolls pay for canals
Truckers throughout the country may proceed with a lawsuit against the New York State Thruway Authority, claiming they are unconstitutionally being charged to support the state’s canal system. The U.S. Court of Appeals for the Second Circuit on Tuesday re-instated the lawsuit, saying the District Court of the Southern District of New York abused its discretion […]
2nd Circuit: Suspected beer stop constitutional
Evidence found on a Rochester man after he was stopped for suspicion of violating the city’s open container law may be used against him, a federal appeals court ruled Tuesday. The U.S. Court of Appeals for the Second Circuit, citing Terry v. Ohio, 392 U.S. 1, found there was no Fourth Amendment violation in the […]
Law firm sues another over bookkeeper actions
A lawsuit is being reinstated against a Buffalo law firm that collected money from a former employee who had stolen from it and was then stealing from a subsequent law firm employer to make the repayments. The Appellate Division, Fourth Department, on Friday found there were triable issues of fact regarding whether Lippes Mathias Wexler […]
Apartment project near Eastman House may proceed
There was nothing illegal in the approval process for a special permit to allow apartment building construction in a Planned Development District near the George Eastman House, the Appellate Division, Fourth Department, ruled Friday. The unanimous ruling, which affirmed dismissal of a challenge by George Eastman House Inc., will allow Morgan Management LLC to proceed […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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