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 […]
In affirming Supreme Court’s determination that an arbitrator had exceeded a limitation on his power enumerated in the collective bargaining agreement (CBA), the Third Department explained: It is well established that an arbitrator’s award is largely unreviewable…. However, such an award may be vacated upon a showing that it “‘violates a strong public […]
In affirming Supreme Court’s finding that the plaintiff in a divorce action met the durational residency requirements of Domestic Relations Law section 230, in spite of several career-related relocations, the Third Department wrote: Given the absence of any proof that plaintiff intended to abandon her existing New York domicile and adopt any of the temporary […]
The Third Department affirmed Family Court’s finding of neglect based upon the father’s failure to ensure that the child (born with a cleft palate) was receiving adequate nutrition and medical care. Here, the record establishes that the father attended many of the child’s pediatric appointments, as well as the evaluation conducted by the feeding and […]
The Second Department noted that Family Court should not have ordered a parent to undergo treatment as a condition of future visitation. Rather treatment should have been ordered as a component of supervised visitation: …”[A] court may not order that a parent undergo counseling or treatment as a condition of future visitation or reapplication for […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy