The Court of Appeals determined that the defendant’s Pennsylvania conviction for third degree murder (when the defendant was 15) could not serve as the basis for a second felony offender sentence. In so finding, the court noted that the error did not need to be preserved for the Court of Appeals to reach it: As […]
In a full-fledged opinion by Justice Saxe, the First Department determined the City’s erasure of an audio recording related to a police chase that resulted in injuries to plaintiffs constituted negligent spoliation under New York common law and there was no need to rely on federal authority re: the spoliation of electronically stored information [ESI]: […]
In a full-fledged opinion by Judge Read, the Court of Appeals determined death benefits under the Workers’ Compensation Law (section 16) could not be apportioned between work-related and non-work-related causes of death. As long as the work-related injury or illness is a cause of death, the benefit must be paid. In a concurring opinion, Judge […]
In a full-fledged opinion by Judge Lippman, the Court of Appeals reversed the lower courts and found that Public Health Law 2808(5)(c), which requires the Commissioner of Health’s approval before a residential health care facility withdraws or transfers more than three percent of its assets, did not violate substantive due process and did not delegate […]
In a full-fledged opinion by Judge Pigott, the Court of Appeals answered a certified question from the Second Circuit and determined a person who has a part-time residence in New York State, but who is not domiciled in New York, can apply for a pistol permit in New York (based upon the language of the […]
Over two dissenters, the Court of Appeals reversed the grant of summary judgment to the defendant with respect to plaintiff’s proof of “serious injury” under the No-Fault Law. Plaintiff testified that he stopped physical therapy because “they cut [him] off like five months.” The appellate division held that bare assertion was insufficient to justify the […]
In a full-fledged opinion by Judge Read, the Court of Appeals determined the trial judge’s participation in the readbacks of testimony requested by the jury did not amount to a mode of proceedings error. …[T]he two jury notes — requests for readbacks of two witnesses’ testimony — were disclosed in their entirety in open court […]
In a full-fledged opinion by Judge Smith, the Court of Appeals determined the failure to exercise a peremptory challenge against a juror (Peters) who was a long-time friend of the prosecuting attorney did not amount to ineffective assistance of counsel: …[D]efendant can prevail on his ineffective assistance claim only by showing that this is one […]
Over a partial dissent, the Court of Appeals determined that plaintiff’s employment discrimination claim under the state Human Rights Law (HRL) was properly dismissed but that the claim under the city HRL should not have been dismissed. The city, unlike the state, places the burden on the employer to show that it could not provide […]
In a full-fledged opinion by Judge Rivera, the Court of Appeals affirmed the conviction of a psychiatric patient based on his assault of another patient. The court determined the doctor, who was cross-examined about defendant’s capacity by defense counsel, could have been questioned by defense counsel about the hearsay basis for her opinion. The failure […]
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