In a split decision, New York state’s highest court has affirmed a lower court ruling that suppressed evidence in a drug and weapon case because of an insufficient search warrant. Over several days, police officers in Suffolk County watched defendant ...

Tagged with: court of appeals Tyrone D. Gordon

In a single decision covering 10 separate cases, the state’s highest court has reversed lower court rulings in the Fourth and Second Departments, finding that the defendants did not properly waive their right to appeal. “In each appeal the order ...

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New York state’s highest court has reversed an Appellate Division ruling and dismissed a weapon conviction. A police officer stopped a vehicle because his patrol car’s mobile data terminal (MDT) notified him that there was a “similarity hit,” indicating that ...

Tagged with: court of appeals Everett D. Balkman

In a split decision of its own, the state’s highest court has reversed a split decision from the Fourth Department that had ruled a traffic stop was legal and affirmed the resulting weapon and drug convictions. In March 2019, the ...

Tagged with: court of appeals Robert J. Hinshaw

Gov. Andrew Cuomo will nominate Justice Paul G. Feinman to serve as an associate judge on the New York State Court of Appeals. If confirmed, Justice Feinman would be the first openly gay person to serve on the Court of ...

Tagged with: Andrew Cuomo court of appeals Paul G. Feinman

Gerald J. Whalen, the presiding justice of the Appellate Division of state Supreme Court, Fourth Department, is among the seven candidates nominated to fill a vacancy on the state Court of Appeals. The state Commission on Judicial Nomination prepared the ...

Tagged with: Appellate Division of state Supreme Court court of appeals Gerald J. Whalen

With the steady march of technological advancement comes the occasional challenge to the use of new technologies by lawyers. Legal technology is changing at a rapid clip, with new tools emerging all the time. No matter what type of technology ...

Tagged with: court of appeals Legal Loop Nicole Black

The lawyer for three judges challenging a state court policy designed to limit double-dipping claimed Tuesday that the rule doesn’t actually save the state any money. “The state pension fund is paying the pension,” plaintiffs’ attorney Robert A. Spolzino told ...

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The New York State Court of Appeals on Tuesday will hear arguments in the case of three state Supreme Court justices who are challenging a policy that won’t let them stay on the bench after they turn 70, collecting a ...

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Attorneys handling criminal appeals for indigent defendants can now get help from experienced lawyers to prepare their arguments with the new Seventh Judicial District Indigent Criminal Appeals Moot Court Program developed by Monroe County Public Defender Tim Donaher. “The goal ...

Tagged with: court of appeals Seventh Judicial District tim donaher

ALBANY — New York’s Department of State has the right to review federal relicensing applications for the Indian Point nuclear power facility on the lower Hudson River to ensure compliance with coastal management protections, the state’s highest court ruled on ...

Tagged with: court of appeals Indian Point

  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 ...

Tagged with: court of appeals Eugene Pigott Kathleen Reardon Miranda