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Tag Archives: New York State Court of Appeals

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

New York State Court of Appeals Ineffective Assistance of Counsel Lesser Included Offense People v. Nesbitt No. 28 Memorandum Background: The defendant’s trial counsel informed the court, out of the jury’s presence, but on the record, that he believed his ...

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Court of Appeals — Drug Law Reform Act: People v. Norris; People v. Norris

New York State Court of Appeals Drug Law Reform Act Concurrent vs. Consecutive Sentences People v. Norris; People v. Norris Nos. 39 & 40 Memorandum Background: Both defendants were charged and convicted for drug felonies following an investigation into gangs ...

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Court of Appeals — Punitive Damages: Marinaccio v. Town of Clarence

New York State Court of Appeals Punitive Damages Unintentional Consequence of Volitional Conduct Marinaccio v. Town of Clarence No. 31 Judge Lippman Background: On appeal, the court was asked to determine whether there was sufficient evidence to find the defendant ...

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Court of Appeals — Workers’ Compensation: Howard v. Statute Electric, Inc., et al.

New York State Court of Appeals Workers’ Compensation Alford Plea Howard v. Statute Electric, Inc., et al. No. 29 Judge Pigott Background: At issue was whether the claimant’s Alford plea should be given preclusive effect in a subsequent workers’ compensation ...

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Court of Appeals — Residency Requirements: Beck-Nichols v. Bianco, et al.; Adrian v. Bd. of Ed. of City Sch. Dist. of Niagara Falls; Keli-Koran v. Bd. of Ed. Niagara Falls, et al.

New York State Court of Appeals Residency Requirements Notice — Due Process Beck-Nichols v. Bianco, et al.; Adrian v. Bd. of Ed. of City Sch. Dist. of Niagara Falls; Keli-Koran v. Bd. of Ed. Niagara Falls, et al. Nos. 20, ...

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Court of Appeals — Eyewitness Identification: People v. Vasquez

New York State Court of Appeals Eyewitness Identification 710.30 Notice — Ineffective Assistance of Counsel People v. Vasquez No. 24 Judge Smith Background: The defendant appealed from his conviction of attempted robbery, menacing and weapons possession. The evidence at trial ...

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Court of Appeals — Confrontation Clause: People v. Pealer

New York State Court of Appeals Confrontation Clause Breathalyzer Machine Calibration Documents People v. Pealer No. 9 Judge Graffeo Background: The defendant was arrested for drunken driving. At the trial the prosecution offered into evidence that documented the routine calibration ...

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Court of Appeals — Issue Preservation: New York State Office of Victim Services v. Raucci

New York State Court of Appeals  Issue Preservation Son of Sam Law — Retirement and Social Security Law New York State Office of Victim Services v. Raucci No. 6 Memorandum Background: The defendant had been convicted of several crimes based ...

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