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Tag Archives: court of appeals

‘Miranda’ waiver, emergency doctrine reviewed

A Genesee County man is seeking to overturn his murder conviction because he claims police improperly invoked an emergency exception when they interrogated him without reading him his Miranda rights or allowing him to talk to an attorney. Scott F. ...

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When to give jury intoxication charge debated

Deciding if the jury should have been given an intoxication charge in a Rochester rape trial is before the state Court of Appeals. The first comparison to come out during recent oral arguments was People v. Sirico, 17 NY3d 744, ...

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Court of Appeals to review local fracking bans

New York’s highest court agreed Thursday to hear appeals from a drilling company and a farmer challenging municipal bans on hydraulic fracturing for natural gas. The Court of Appeals, without comment, accepted two cases where lower courts upheld bans in ...

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NYC to Court of Appeals: Review big-soda ban ruling

NEW YORK — The state’s highest court should consider New York City’s first-of-its-kind effort to cut down on big, sugary soft drinks, city lawyers argued in a request made public Monday. The request had been expected after a mid-level appeals ...

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Court takes up teacher pension privacy issue

ALBANY — New York’s highest court will soon decide whether the names and benefits of retired teachers in public pension plans should be made public. The Empire Center, a project of the fiscally conservative Manhattan Institute think tank, was denied ...

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Holder lauds Judge Abdus-Salaam at swearing-in

ALBANY — Judge Sheila Abdus-Salaam was sworn in as the first black woman on New York’s highest court Thursday after high praise and gentle ribbing from Attorney General Eric Holder about their days in law school. Holder, in remarks before ...

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COA upholds portions of Wicks Law

Apprenticeship provisions of the Wicks Law will be reviewed by an Erie County Supreme Court. Four challenges to the law governing public works contracts are what remain of a lawsuit against the state that alleged 21 causes of action, seeking ...

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Court rejects confession in murder case

ALBANY — New York’s highest court Tuesday threw out a Syracuse man’s confession to killing his girlfriend, although it was made with his lawyer present, because it followed 49 hours of sleepless interrogation by tag teams of detectives. The Court ...

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COA eyes who can tap Starbucks’ tip jars

ALBANY — New York’s top court will give its two cents into the brewing controversy over Starbucks baristas’ tip jars: whether shift supervisors and assistant managers are legally entitled to dip into them. The Court of Appeals was asked by ...

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Court of Appeals back to full court

Appellate Division Justice Sheila Abdus-Salaam will be joining the Court of Appeals after being confirmed Monday by the state Senate. Nominated April 5 by Gov. Andrew M. Cuomo, she is the first African-American woman to serve on the state’s highest ...

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Court of Appeals deals with roaming cow

When a non-local imagines New York state, it’s hard not to think of New York City with its millions of people crammed among towering concrete and steel boxes. But anyone who has actually driven through the state, or lives here, ...

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