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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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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New York State Court of Appeals Malpractice – Proper Advisement Due Diligence – Credibility Nomura Asset Capital Corporation, et al. v. Cadwalader, Wickersham & Taft No. 122 Judge Rivera Background: The plaintiff commenced a legal malpractice action stemming from the ...

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New York State Court of Appeals Trip and Fall Trivial Defect Doctrine – Surrounding Circumstances Hutchinson v. Sheridan Hill House Corp; Zelichenko v. 301 Oriental Boulevard; Adler v. QPI-VIII, LLC, et al. Nos. 144, 145, & 146 Judge Fahey Background: ...

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New York State Court of Appeals Criminal Trespass Public Housing – Open to the Public People v. Barnes No. 141 Memorandum Background: The defendant was arrested for trespassing and charged with second- and third-degree trespass. The defendant pleaded guilty to ...

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New York State Court of Appeals Sex Offender Registration Act Downward Departure – Grooming Victims People v. Izzo No. 138 Memorandum Background: At the time of his arrest, the defendant was 21 years old. He was charged with various sex ...

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New York State Court of Appeals DEC Letter Adverse Legal Consequences – Indemnification Remet Corporation v. Estate of James R. Pyne, et al. No. 129 Judge Stein Background: At issue is whether a letter from the Department of Environmental Conservation ...

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New York State Court of Appeals Tax Law – Sale of Mobile Telecommunications Services Unbundling – Preemption People v. Sprint Nextel Corp, et al. No. 127 Judge Lippman Background: At issue is the defendants’ nationwide program of “unbundling” charges within ...

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New York State Court of Appeals Civil Contempt Willful Disobedience El-Dehdan v. El-Dehdan No. 90 Judge Rivera Background: The defendant challenged a determination of civil contempt for his failure to comply with an order related to the parties’ matrimonial proceeding. ...

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New York State Court of Appeals SORA Hearings Grand Jury Minutes – Failure to Disclose People v. Martinez No. 180 Judge Lippman Background: At issue is whether the defendant’s due process rights were violated when the hearing court relied upon ...

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New York State Court of Appeals Accusatory Instrument Sufficiency – Gravity Knife People v. Sans No. 140 Judge Fahey Background: In the accusatory instrument charging the defendant with a misdemeanor, the police officer stated that “he had observed the defendant ...

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New York State Court of Appeals  Jury Tampering and Bribery Prejudicial and Relevant Evidence – Unrelated Murder People v. Harris No. 137 Judge Pigott Background: The case involves the interplay between two murders and three criminal trials. While one murder ...

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