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Tag Archives: New York State Court of Appeals

Court of Appeals – Jury Requests: People v. Mendez

New York State Court of Appeals Jury Requests Transcripts of Recorded Telephone Conversations People v. Mendez No. 203 Memorandum Background: The defendant was charged with assault for his conduct during a street brawl. The people introduced into evidence several recordings ...

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Court of Appeals – Prison Disciplinary Hearing: Texeira v. Fischer

New York State Court of Appeals Prison Disciplinary Hearing Failure to Obtain Witness – Proper Remedy Texeira v. Fischer No. 142 Judge Rivera Background: The petitioner challenged a prison disciplinary hearing determination based on the hearing officer’s failure to obtain ...

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Court of Appeals – Whistleblower – Appointing Authorities’ Alleged Misconduct: Tipaldo v. Lynn, et al.

New York State Court of Appeals Whistleblower – Appointing Authorities’ Alleged Misconduct Good Faith Reporting – Prejudgment Interest Tipaldo v. Lynn, et al. No. 143 Judge Abdus-Salaam Background: At issue in this whistleblower action is whether the plaintiff made a ...

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Court of Appeals – Prison Disciplinary Proceeding: Bottom v. Annucci

New York State Court of Appeals Prison Disciplinary Proceeding Substantial Evidence Bottom v. Annucci NO. 135 Memorandum Background: The petitioner appealed from a judgment that confirmed a Department of Corrections and Community Supervision determination that he was in possession of ...

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Court of Appeals – Regulatory Review: Linares v. Evans

New York State Court of Appeals Regulatory Review Ripeness Linares v. Evans No. 124 Memorandum Background: The petitioner challenged the validity and potential application of regulations promulgated by the Board of Parole. The regulations address risks and needs assessments. Ruling: ...

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Court of Appeals – Search and Seizure – Suppression: People v. Barksdale

New York State Court of Appeals Search and Seizure – Suppression Trespass – Trespass Affidavit Program People v. Barksdale No. 123 Judge Fahey Background: At issue is the admissibility of evidence seized following the defendant’s arrest in the lobby of ...

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