The Court of Appeals, in a full-fledged opinion by Judge Rivera (with a concurring opinion) determined the use of unreliable hearsay by the People ‘s experts in an Article 10 civil commitment trial of a convicted sex offender violated the offender’s right to due process of law. The court explained that hearsay related to convictions […]
In a full-fledged opinion by Judge Smith, the Court of Appeals determined that the statute which elevates possession of a weapon when previously convicted of a crime to a class C felony, even if possession is in the home, did not violate the Second Amendment right to bear arms: Intermediate scrutiny requires us to ask […]
In a full-fledged opinion by Judge Smith, the Court of Appeals determined the “home or business exception” to criminal possession of a weapon in the second degree did not apply when the defendant has been previously been convicted of any crime: …[T]his appeal requires us to interpret the “home or business” exception to the third-degree […]
The Court of Appeals, over a dissent, affirmed defendant’s conviction, in spite of his counsel’s failure to inform him his guilty plea would result in deportation. The court determined that, under the specific facts of the case, there was no “reasonable probability” defendant would not have entered a guilty plea had he been informed of […]
In a full-fledged opinion by Judge Abdus-Salaam (with concurring and dissenting opinions), the Court of Appeals determined that all non-citizen defendants who plead guilty to a felony are entitled, under the Due Process clause, to notification that the plea may result in deportation, but that a failure to so notify does not automatically require vacation […]
In the context of the dismissal of a tort action against Ferguson Electric Service Company after a building fire, the Fourth Department explained when a contractual relationship can give rise to an action in tort: “It is a well-established principle that a simple breach of contract is not to be considered a tort unless a […]
The Fourth Department determined plaintiff (Daniels) whose car was struck head-on by defendant (Rumsey), whose car crossed into plaintiff’s lane attempting to make a left turn into a parking lot, was entitled to summary judgment, even though plaintiff may have been driving five miles an hour above the speed-limit: …[W]e conclude that the court properly […]
The Fourth Department determined that a finding of neglect “cannot be based upon the child’s possible reaction to future harm:” …DSS failed to meet its burden of establishing by a preponderance of the evidence that the “child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired” as a […]
In the context of a personal injury case, the Fourth Department noted that the failure to object to the admissibility of medical records within 10 days (CPLR 3122-a [c]) did not render the documents automatically admissible: Defendants contend that the court erred in denying their request at the commencement of trial to admit all of […]
The Fourth Department determined the evidence before the grand jury did not demonstrate defendant had acted with “depraved indifference to human life” (Reckless Endangerment, First Degree). The defendant, who was HIV positive, had unprotected sex with the victim without disclosing his HIV status: …[W]e conclude that the evidence before the grand jury, viewed in the […]
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