Appellate Division, Fourth Department Legal Sufficiency Admissibility People v. Larrabee KA 10-02201 Appealed from Oneida County Court Background: The defendant was convicted, upon a jury verdict, of burglary in the second degree and possession of burglar’s tools.  On appeal, he ...

Tagged with: Appellate Division Fourth Department Legal Sufficiency

U.S. District Court, WDNY Indictment — Legal Sufficiency Miranda — Voluntary United States v. Young 10-cr-6211L Judge Payson Background: The defendant had been charged with conspiracy to possess with intent to distribute 100 or more kilograms of marijuana. The defendant ...

Tagged with: indictment Legal Sufficiency U.S. District Court WDNY

U.S. Court of Appeals for the Second Circuit Legal Sufficiency Market Manipulation — Negligent Misrepresentation Anschutz Corp. v. Merrill Lynch & Co. 11-1305-cv Judges Winter, Walker and Cabranes Background: The plaintiff appealed from the dismissal of its claims alleging market ...

Tagged with: Legal Sufficiency u.s. court of appeals for the second circuit

New York State Court of Appeals Health Care Fraud Legal Sufficiency People v. Khan No. 32 Judge Jones Background: The defendant was charged and convicted of health care fraud in the fourth degree and grand larceny in the third degree, ...

Tagged with: Legal Sufficiency New York State Court of Appeals

Appellate Division, Fourth Department Employment Misconduct Legal Sufficiency Licciardi v. City of Rochester TP 11-00777 Appealed from Supreme Court, Monroe County Background: The petitioner had commenced an Article 78 proceeding to annul the determination terminating his employment as a firefighter. His ...

Tagged with: Appellate Division Fourth Department Legal Sufficiency

New York State Court of Appeals Reckless Assault Legal Sufficiency People v. Nadira Brown No. 158 Memorandum Background: The defendant’s 15-year old nephew and his sister were at the defendant’s home when they engaged in horseplay with the defendant by ...

Tagged with: Legal Sufficiency New York State Court of Appeals

Justice Court, Town of Webster, Monroe County Ordinance Violation Legal Sufficiency People v. Marianetti 2011 NY Slip Op 51567(U) Justice DiSalvo Background: The defendant purchased property in Webster and a few months later purchased a storage contained that was placed ...

Tagged with: Legal Sufficiency Monroe County

New York State Family Court, Monroe County Legal Sufficiency Jurisdictional Defect In the Matter of Tyshawn M. D-5955-11 Justice Joan S. Kohout, J. Background: The underlying complaint involved a number of students who assaulted a single victim as they exited ...

Tagged with: Legal Sufficiency Monroe County