The Third Department determined an inmate was entitled to a new hearing on his request for discretionary parole release because the Board did not use the required written procedure for risk assessment: [The inmate argued] the Board improperly failed to utilize a “COMPAS Risk and Needs Assessment” instrument in connection with the relevant amendments to […]
In upholding the approval of a site plan, the Third Department determined the planning board met the requirements of the State Environmental Quality Review Act (SEQRA) and zoning board properly granted a height variance. In explaining the criteria for both reviews, the Third Department wrote: “‘Judicial review of an agency determination under SEQRA is limited […]
In concluding the collective bargaining agreement (CBA) unambiguously provided lifetime health insurance coverage to the petitioners pursuant to the CBA in effect upon their retirement, the Third Department wrote: A written agreement that is clear and complete on its face must be enforced according to the plain meaning of its terms …Extrinsic evidence may be […]
In dismissing a libel action against a reporter who erroneously alleged in a newspaper story that plaintiff used money collected from students for workbooks to buy faculty lunches and an air conditioner for the faculty workroom, the Second Department wrote: “[W]hen the claimed defamation arguably involves a matter of public concern, a private plaintiff must […]
In determining defendant’s right to confrontation was not violated by evidence of DNA testing: The court properly admitted files prepared by the New York City Medical Examiner’s Office containing DNA profiles derived from the testing of evidence recovered from the crime scenes, since the documents containing the DNA profiles, which were prepared prior to the […]
In affirming the defendant’s conviction for sexual offenses against a young child, the Third Department determined the trial court properly allowed “Molineux” evidence about pornography found on and/or searched for on defendant’s computer. Among the reasons for letting the evidence of pornography in evidence was to demonstrate defendant’s intent. The Third Department wrote: While intent […]
The Third Department reversed defendant’s conviction on two grounds. First, the trial judge’s response to the jury’s request for jury instructions (written copies of portions of the jury instructions had already been given to the jury) was not “meaningful” and required reversal in the absence of an objection. And second, the read-back of testimony requested […]
The Second Department granted defendant’s writ of coram nobis to vacate (dismissing the indictment), on the ground of ineffective assistance of appellate counsel. Among the grounds for appeal not raised were: repugnant verdicts, erroneous and missing jury charges (including the statutory elements), failure to give a limiting charge with respect to evidence of defendant’s prior […]
In precluding a retrial on double jeopardy grounds after the trial judge ordered a mistrial over defendant’s objection (granting the Article 78 prohibition petition), the Second Department explained the relevant criteria: In a jury trial, once the jury is empaneled and sworn, jeopardy attaches (see CPL 40.30[1][b];..), and the defendant has a “valued right to […]
The Third Department determined that a Solid Waste Facility Operating Agreement between the Town of Colonie and Capital Region Landfills, Inc (CRL) was not a lease, and therefore a permissive referendum was not a pre-requisite to the agreement. The Third Department wrote: Town Law § 64 (2) provides that, upon adopting a resolution, a town […]
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