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Tag Archives: New York State Court of Appeals

Court of Appeals — Missing Witness Charge: People v. Thomas

New York State Court of Appeals  Missing Witness Charge Cumulative Testimony — Complainant’s Statement People v. Thomas No. 108 Judge Smith Background: The defendant was charged with criminal sexual act, criminal contempt and two counts of assault. The complainant was asked ...

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Court of Appeals — Conflict of Interest: People v. Sanchez

New York State Court of Appeals Conflict of Interest Prior Representation of Criminal Accomplice People v. Sanchez No. 107 Judge Graffeo Background: On appeal the defendant argued that he was deprived effective assistance of counsel based on his counsel’s alleged ...

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Court of Appeals — Empire Zone Program — 2009 Amendments: James Square Associates LP, et al. v. Commissioner NYS Dept. of Economic Dev., et al.

New York State Court of Appeals Empire Zone Program — 2009 Amendments Retroactivity — Due Process James Square Associates LP, et al. v. Commissioner NYS Dept. of Economic Dev., et al. J-P Group LLC v. NYS Dept. of Economic Development, ...

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Court of Appeals — Simultaneous Representation: People v. Tyrone Prescott

New York State Court of Appeals Simultaneous Representation Appellate Counsel People v. Tyrone Prescott No. 80 Memorandum Background: The defendant alleged he was denied effective assistance of counsel due to an unwaived actual conflict of interest occasioned by his appellate ...

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Court of Appeals — Superior Court Information: People v. Milton

New York State Court of Appeals Superior Court Information Jurisdictionally Defective — Victim’s Names People v. Milton No. 75 Judge Lippman Background: At issue was whether a superior court information is jurisdictionally defective where it names victims not identified in ...

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Court of Appeals — Sex Abuse — Civil Liability: Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Company of Pittsburgh, PA

New York State Court of Appeals Sex Abuse — Civil Liability Multiple Occurrences — Apportionment Roman Catholic Diocese of Brooklyn v. National Union Fire Insurance Company of Pittsburgh, PA No. 69 Judge Rivera Background: At issue was the apportionment of ...

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Court of Appeals — Ineffective Assistance of Counsel: People v. Oathout

New York State Court of Appeals  Ineffective Assistance of Counsel People v. Oathout No. 81 Judge Pigott Background: The defendant was convicted after a jury trial of one count of murder in the second degree. The defendant was represented by a ...

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Court of Appeals — Restraining Notice: Verizon New England Inc. v. Transcom Enhanced Services Inc.

New York State Court of Appeals Restraining Notice At-will, Prepayment Service — Property Interest Verizon New England Inc. v. Transcom Enhanced Services Inc. No. 70 Judge Rivera Background: The question on appeal was whether an at-will, prepayment service agreement, which ...

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