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Tag Archives: New York State Court of Appeals

New York State Court of Appeals – Mental Hygiene Law: State of New York v. Kenneth T.; State of New York v. Donald DD

New York State Court of Appeals – Mental Hygiene Law – Mental Abnormality Evidence – Antisocial Personality Disorder   State of New York v. Kenneth T.; State of New York v. Donald DD No. 173 and 172 Judge Pigott   Background: ...

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New York State Court of Appeals – Double Jeopardy: People v. Sweat

New York State Court of Appeals – Double Jeopardy – Conditional Imprisonment – No Adjudication of Criminal Contempt   People v. Sweat No. 159 Judge Rivera   Background: The people appealed from an order dismissing an information with two counts of ...

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New York State Court of Appeals – ‘Miranda’: People v. Lloyd-Douglas; People v. Dunbar

New York State Court of Appeals – ‘Miranda’ – Preamble – Pre-Arraignment Interview   People v. Lloyd-Douglas; People v. Dunbar Nos. 170; 169 Judge Read   Background: At issue is a pre-arraignment interview program launched in conjunction with an initiative to ...

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New York State Court of Appeals – Attorney’s Fees: Lawrence, et al. v. Miller, et al.

New York State Court of Appeals – Attorney’s Fees – Contingent Fees – Unconscionable – Continuous Representation   Lawrence, et al.  v. Miller, et al. No. 149 Judge Read   Background: The defendant represented the decedent’s wife and three children in ...

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New York State Court of Appeals – Hearsay Statements: People v. Ludwig

New York State Court of Appeals – Hearsay Statements – Prior Consistent Statement – Inconsistent Statement   People v. Ludwig No. 166 Judge Read   Background: In a child sexual abuse case, the county court permitted the prosecution to elicit testimony ...

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New York State Court of Appeals – Agency Decision: Ramos v. SimplexGrinnell

New York State Court of Appeals – Agency Decision – Amount of Deference/Weight   Ramos v. SimplexGrinnell No. 160 Judge Smith   Background: The Second Circuit Court of Appeals certified a question to the Court of Appeals asking what deference a ...

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New York State Court of Appeals: Motorola Credit Corporation v. Standard Chartered Bank

New York State Court of Appeals – Separate Entity Rule – Garnishee – Foreign Branches   Motorola Credit Corporation v. Standard Chartered Bank No. 162 Judge Graffeo   Background: The Second Circuit Court of Appeals certified a question asking whether ...

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New York State Court of Appeals: People v. Kims

New York State Court of Appeals Drug Possession Drug Factory Presumption – Close Proximity People v. Kims No. 155 Judge Rivera Background: The defendant appeals from his conviction of drug possession under the “drug factory” presumption of Section 220.25 (s) ...

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