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Speedy Trial: People v. Paduano
Appellate Division, Fourth Department Speedy Trial Waiver by Guilty Plea People v. Paduano KA 09-01894 Appealed from Niagara County Court Background: Defendant pleaded guilty to Grand Larceny 3rd degree but on appeal contended that he was denied his statutory right to a speedy trial. The prosecution contended that this issue was forfeited by the guilty […]
Which pretrial motions toll the Speedy Trial clock?
The justices of the U.S. Supreme Court wrangled last week with the question of just what kind of pretrial motions stop the clock under the Speedy Trial Act. In the case U.S. v. Tinklenberg, Kalamazoo County, Mich., police, acting on a tip ...
Speedy Trial: People v. Cassidy
Henrietta Town Court Speedy Trial People v. Cassidy 10080230 Judge Sciortino Background: The defendant was charged with obstructing governmental administration in July 2010 for calling his wife at home while in police custody and advising her not to surrender a rifle to the sheriff’s office. Allegedly, the defendant did this knowing that the rifle was […]
Post-conviction Motion: People v. Sweet
Appellate Division, Fourth Department Post-conviction Motion Speedy Trial People v. Sweet KA 09-00188 Appealed from Supreme Court, Niagara County Background: After the defendant was convicted of robbery and related offenses at a jury trial, he moved to vacate the conviction. The basis of his CPL 440.10 motion was ineffective assistance of counsel, based upon failure […]
Speedy Trial: People v. Price
New York State Court of Appeals Speedy Trial People v. Price No. 7 Appealed from the Second Department Background: On Feb. 2, 2006, the defendant was arraigned in Suffolk County on a felony complaint charging him with attempted disseminating indecent material to minors in the first degree. The defendant allegedly engaged in explicit, sexually-motivated conversations […]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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