New York State Court of Appeals Effective Assistance of Counsel Mental Illness — Medical Records vs. Biased Testimony People v. Oliveras No. 105 Judge Rivera Background: The people appealed from an order that granted the defendant’s motion to vacate his ...

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New York State Court of Appeals State Constitution Home Rule — Distinctions Reasonableness Empire State Chapter of Assoc. Builders and Contractors Inc. et al. v. Smith, et al. No. 101 Judge Smith Background: The case on appeal concerns amendments to ...

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New York State Court of Appeals HAIL Act — Constitutionality State Concern — Reasonable Relationship Greater New York Taxi Association, et al. v. State of New York, et al. Taxicab Service Association, et al. v. State of New York et ...

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New York State Court of Appeals  Burden of Proof Loss-of-Chance Theory of Liability Wild et al. v. Catholic Health System et al. No. 97 Memorandum Background: The defendants challenged a jury verdict in favor of the plaintiffs in a medical malpractice action. ...

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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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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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New York State Court of Appeals Interrogation Subsequent Statements — Suppression People v. Guilford No. 103 Judge Lippman Background: The defendant appealed from his conviction of murder in the second degree. The defendant argued that prior to his confession he ...

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New York State Court of Appeals  Judge Recusal Subsequently-filed Written Motion — Mistrial People v. Hampton No. 92 Judge Read Background: The defendant, after being convicted, moved to set aside a jury verdict based upon a lack of evidence. Just ...

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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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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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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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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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