Free Newsletter
Indictment Date: People v. Nappi
Appellate Division, Fourth Department Indictment Date People v. Nappi KA 10-00826 Appealed from Herkimer County Court Background: After a jury trial convicting the defendant of criminal possession of a weapon, he contended that the date stated in the indictment varied from the date established at trial. The indictment alleged “on or about the 5th day […]
Guilty Plea: People v. Hernandez
Appellate Division, Fourth Department Guilty Plea Postrelease Supervision People v. Hernandez KA 07-00531 Appealed from Monroe County Background: When the defendant pleaded guilty to attempted robbery in the second degree, the judge only informed him that he would receive the minimum period of postrelease supervision. On appeal the defendant challenged the voluntariness of the plea. […]
Ineffective Assistance of Counsel: People v. Kilbury
Appellate Division, Fourth Department Ineffective Assistance of Counsel Severance People v. Kilbury KA 07-01561 Appealed from Onondaga County Court Background: The defendant was convicted of several counts of sexual assault after a jury trial. On appeal he argued that his trial attorney was constitutionally deficient. His attorney did not move to sever 11 counts that […]
Speedy Trial: People v. Faro
Appellate Division, Fourth Department Speedy Trial Preservation People v. Faro KA 09-00278 Appealed from Monroe County Court Background: The defendant pleaded guilty to possessing a forged instrument. On appeal he contended that he was denied his statutory and constitutional right to a speedy trial. Ruling: A guilty plea waives the statutory right to a speedy […]
Assumption of Risk: Renee v. North Collins Central School Dist.
Appellate Division, Fourth Department Assumption of Risk Level of Experience Renee v. North Collins Central School Dist. CA 10-2520 Appeal from the Supreme Court, Erie County Background: The plaintiff commenced this action after her daughter suffered injury when she slid into second base during a softball game. The defendant moved to dismiss on the grounds […]
Anticipatory Repudiation: Howard v. Bioworks Inc.
Appellate Division, Fourth Department Anticipatory Repudiation Howard v. Bioworks Inc. CA 10-02497 Appeal from the Supreme Court, Ontario County Background: The plaintiff commenced a breach of contract action against the defendant alleging that the defendant failed to pay him deferred compensation for prior services that he had performed pursuant to a written agreement. The agreement […[...]
Municipal Home Rule: Horan v. Town of Tonawanda
Appellate Division, Fourth Department Municipal Home Rule Notice Horan v. Town of Tonawanda CA 10-02522 Appeal from the Supreme Court, Erie County Background: The plaintiff brought the action seeking damages for injuries she had sustained when she tripped over a pothole in a road owned and maintained by the defendant. The lower court ordered the […]
Sex Offender Registration Act: People v. Tooley
Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Tooley KA 10-00357 Background: Defendant was adjudicated a Level 3 offender (high risk) under the Sex Offender Registration Act. On appeal he argued that an “upward departure” to Level 3 was unwarranted. Ruling: Order affirmed. During the precedence interview, defendant admitted to abusing […]
Exotic Dancer Evidence: People v. Agostini
Appellate Division, Fourth Department Exotic Dancer Evidence Prior Bad Act Evidence People v. Agostini KA 11-00007 Appealed from Onondaga County Court Background: Defendant was convicted after jury trial of Manslaughter 1st degree and Criminal Possession of a Weapon 3rd. In questioning defendant’s wife, the prosecutor brought out her earlier employment as an exotic dancer. Ruling: […]
Open Meetings Law: Thomas v. Town of Chautauqua, et al.
Appellate Division, Fourth Department Open Meetings Law Zoning Thomas v. Town of Chautauqua, et al. CA 10-02314 Appealed from Supreme Court, Chautauqua County Background: The petitioners commenced an article 78 and declaratory action proceeding to annul the determination that approved the demolition of a cottage and permitted the construction of a two-family home owned by […]
Mode of Proceedings Error: People v. Kalinowski
Appellate Division, Fourth Department Mode of Proceedings Error Jury Note People v. Kalinowski KA 09-01627 Appealed from Erie County Court Background: Defendant was convicted of Murder 2nd degree. During deliberations, the jury asked for information about the path of the bullet and autopsy report. The judge did not read the jury’s note into the record, […]
Attempted Murder: People v. Hawkins
Appellate Division, Fourth Department Attempted Murder Missing Witness Charge People v. Hawkins KA 07-02085 Appealed from Supreme Court, Monroe County Background: Defendant was convicted of Attempted Murder 2d degree and other felonies. On appeal the contended that the trial judge erred in denying his request for a missing witness charge. Ruling: Conviction affirmed. The prosecution […]
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
Polls
Loading ...