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appellate review

Apr 16, 2013

Court of Appeals — Appellate Review: Hecker v. State of New York

New York State Court of Appeals Appellate Review Interest of Justice Jurisdiction Hecker v. State of New York No. 38 Memorandum Background: The Appellate Division was required to decide the issue of whether the area in which the plaintiff suffered his injury was a “floor, passageway [or] walkway” within the meaning of 12 NYCRR 23-1.7 […]

Mar 28, 2012

Fourth Department — Appellate Review: Davis v. Vallie

Appellate Division, Fourth Department Appellate Review Objections Davis v. Vallie CA 11-00963 Appealed from Supreme Court, Erie County Background: The plaintiff brought an action seeking damages for injuries he sustained on property owned by the defendant. The plaintiff alleged that he was injured from the negligent failure to maintain a stained glass window. On appeal […]

Jul 19, 2011

Appellate Review: People v. Alonso & Alonso

New York State Court of Appeals Appellate Review Exculpatory Evidence People v. Alonso & Alonso No. 72 Chief Judge Lippman Background: Several months into a trial, the trial court determined that the people had failed to present exculpatory evidence to the defense. The court found that the constitutional violation was so great that the indictments […]

Mar 2, 2011

SORA: People v. Long

Appellate Division, Fourth Department SORA Appellate Review People v. Long KA 10-01144 Appealed from Supreme Court, Erie County Background: The defendant challenged his Level 2 risk adjudication under the Sex Offender Registration Act, based upon the use of a previous youthful offender adjudication and the terms of the classification order. Ruling: The decision was reserved […]

Jan 5, 2011

Youthful Offender Status: People v. Brantley

Appellate Division, Fourth Department Youthful Offender Status Appellate Review People v. Brantley KA 10-00122 Appealed from Wayne County Court Background: The defendant was convicted of Attempted Burglary second degree and Escape second degree. The sentencing judge’s denial of Youthful Offender status was the issue that was raised on appeal. Ruling: The conviction is affirmed. The […]

Oct 25, 2010

Arbitration: Matter of Cordero v. New York Central Mutual Fire Insurance Co.

New York State Court of Appeals Arbitration Appellate Review Matter of Cordero v. New York Central Mutual Fire Insurance Co. No. 164 Appealed from the Fourth Department Background: On May 15, 2004, the petitioner was involved in a two-car collision. She later filed a claim for no-fault benefits with the respondent insurer, alleging she injured […]

Aug 17, 2010

Appellate Review: Friedman v. Rehal

U.S. Court of Appeals, Second Circuit Appellate Review Actual Innocence — Time Bar Friedman v. Rehal 08-0297-pr Appealed from the Eastern District of New York Background: The appeal is from the denial of a writ of habeas corpus in a case in which the petitioner pleaded guilty and seeks habeas relief on the ground that […]

Jun 15, 2010

Appellate Review: Urinyi v. U.S.

U.S. Court of Appeals, Second Circuit Appellate Review Notice of Appeal — Ineffective Assistance Urinyi v. U.S. 09-3398-op Appealed from the Southern District of New York Background: James Urinyi moves for leave to file a “second or successive” motion to vacate his conviction pursuant to 28 U.S.C. §2255. Urinyi contends his one prior §2255 proceeding […]

May 5, 2010

Appellate Review: People v. Daly

New York State Court of Appeals Appellate Review Reversal — Jointly Tried Counts People v. Daly No. 41 Appealed from the Second Department Background: The court spells out at the introduction that the question of whether Rosario or Brady violations resulting in the reversal of convictions on certain counts also require reversal of convictions on […]

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