New York State Court of Appeals Sentencing Concurrent or Consecutive Terms People v. Acevedo No. 64 Appealed from the Second Department] Background: On Nov. 7, 1997, the county court rendered judgment convicting the defendant of criminal possession of a controlled ...

Tagged with: New York State Court of Appeals sentencing

New York State Court of Appeals Statute of Limitations Choice of Forum — Forum Shopping Portfolio Recovery Associates LLC v. King No. 46 Appealed from the Third Department Background: In April 1989, defendant Jared King, then a resident of Connecticut, ...

Tagged with: New York State Court of Appeals statute of limitations

New York State Court of Appeals Jury Instructions People v. Cruz No. 52 Appealed from the Second Department Background: The defendant was charged with two counts of assault for allegedly stabbing two men during a brawl outside of a bar. ...

Tagged with: jury instructions New York State Court of Appeals

New York State Court of Appeals Evidence Linton v. Nawaz No. 122 SSM 8 Appealed from the First Department Background: In a personal injury case in which a taxi struck the plaintiff, the plaintiff’s evidence relating to injuries to his ...

Tagged with: evidence New York State Court of Appeals

New York State Court of Appeals Jury Communications Note to Judge People v. Kadarko No. 54 Appealed from the First Department Background: The defendant was indicted and tried for allegedly robbing food deliverymen on five separate occasions. During the course ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals Asset Purchase Agreement Successor Business Owner — Contracted Tort Liability American Standard Inc. v. OakFabco Inc. No. 44 Appealed from the First Department Background: At issue is whether the buyer of a boiler business ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals Sex Offenders Use of Dangerous Instrument People v. Pettigrew No. 51 Appealed from the First Department Background: At issue before the court is whether the prosecution proved by clear and convincing evidence that the ...

Tagged with: New York State Court of Appeals sex offenders sex offenses

New York State Court of Appeals Evidence License Suspension — Negligent Homicide People v. Caban No. 42 Appealed from the First Department Background: The defendant, while backing her car, hit and killed a pedestrian. At the time, the defendant’s license ...

Tagged with: evidence New York State Court of Appeals

New York’s top court has refused to order nursing homes to give state lawyers access to hundreds of psychiatric patients so they can advocate for their rights to treatment alternatives, living conditions or even release.

Tagged with: New York State Court of Appeals nursing homes

New York State Court of Appeals Jury Charges Trial Court’s Discretion — Delay People v. Carr No. 50 Appealed from the Fourth Department Background: The defendant sought a missing person charge but made the request for the charge after the ...

Tagged with: delay New York State Court of Appeals

New York State Court of Appeals Fourth Amendment Strip Searches People v. Mothersell No. 43 Appealed from the Fourth Department Background: The contraband the defendant stands convicted of possessing was recovered from his person by means of a strip-search conducted ...

Tagged with: Fourth Amendment New York State Court of Appeals

ALBANY — The New York State Court of Appeals Chase Manhattan Bank wasn't obligated as a trustee for Enron noteholders to make sure information in the failed energy giant's reports was accurate.

Tagged with: Bankruptcy Enron New York State Court of Appeals SEC Securities and Exchange Commission