The First Department noted Supreme Court correctly applied the “grouping of contacts” analysis in determining whether New York or Maryland law applied in an action to determine which insurance company was required to defend and indemnify. The First Department further noted that late notice to the carrier because of the need to investigate did not […]
In reversing Supreme Court’s dismissal of an Article 78 proceeding as untimely, the Third Department determined the statute of limitations defense was waived because it was not raised in the answer or in a pre-answer motion to dismiss: Petitioner contends that Supreme Court erred in granting respondent’s oral motion to dismiss the petition based upon […]
The Third Department determined the owner of a bed and breakfast was not entitled to the homeowner’s exemption from the Labor Law: …[A]lthough “[b]oth Labor Law § 240 (1) and § 241 impose nondelegable duties upon contractors, owners and their agents to comply with certain safety practices for the protection of workers engaged in various […]
The First Department, in a full-fledged opinion by Justice Tom, reversed the sentencing court’s vacation of defendant’s conviction (by guilty plea). The sentencing court had reversed the conviction on the ground defendant had not been informed of the risk of deportation based on the plea. The sentencing court’s ruling was based upon the US Supreme […]
The Third Department reversed County Court’s suppression of defendant’s statements and County Court’s finding that defendant had not voluntarily consented to the search of his car (both based on the absence of Miranda warnings). The Third Department determined a reasonable person innocent of a crime would still have felt he was free to leave […]
After noting that a waiver of appeal does not preclude a challenge to the voluntariness of a guilty plea, the Third Department reversed because the defendant was not fully informed about the promised duration or potential range of postrelease supervision: Here, the record reflects, as the People concede, that while the plea agreement included a […]
In reversing the defendant’s conviction, the Third Department determined the defendant did not receive effective assistance of counsel: Here, defense counsel did not give an opening statement. The People produced five witnesses and, during their testimony, there were no objections despite some objectionable questions. The People’s exhibits were received without objection, including one after proof […]
The Third Department reversed defendant’s conviction for criminal possession of a weapon as against the weight of the evidence. The evidence demonstrated that the defendant was in the general area where the gun was found and the defendant could not be excluded from the mixed DNA found on the gun. The court wrote: No one […]
In a full-fledged opinion by Justice Egan, the Third Department affirmed the conviction of the director of facilities for the Schenectady City School District for arson, criminal possession of a weapon, criminal mischief and other offenses. Among the issues (all resolved against the defendant) addressed in substantive discussions: (1) whether Schenectady County Court had jurisdiction […]
The Third Department reversed County Court’s dismissal of indictments based upon a finding the integrity of the grand jury had been impaired. A potential grand juror was excluded after stating he had arrested the defendant at least once and the defendant had threatened his family. The Third Department wrote: The prosecutor immediately excused this juror […]
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