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 ...

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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 ...

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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 ...

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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 ...

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  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

ALBANY — Gov. Andrew Cuomo has nominated former U.S. Attorney Michael Garcia to the remaining vacancy on New York’s highest court. Garcia, currently a partner at Kirkland & Ellis in Manhattan, was the top federal prosecutor in Manhattan from 2005 ...

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ALBANY — New York’s highest court has upheld the maximum prison sentence for a man who rejected a plea bargain of a decade on probation if he admitted raping a neighbor’s child. The Court of Appeals agrees with Antonio Martinez ...

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New York’s highest court is considering whether judges must tell jurors they can make an adverse inference when police don’t make audiovisual recordings of their interrogations. Janet C. Somes, an assistant Monroe County public defender, argued before the Court of ...

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