The Second Department determined that defendant’s plea colloquy raised concern about defendant’s mental health requiring inquiry by the sentencing court: Here, in light of the defendant’s known history of mental illness, and the finding within six days after commission of the instant sex offense that the defendant was suffering from psychotic symptoms attributable to bipolar […]
The Court of Appeals determined there was support in the record for the trial court’s finding that defendant did not have standing to contest the search of a room in his grandmother’s house where a weapon was found: The judge credited the grandmother’s testimony that the bedroom where the gun was found was an extra […]
In reversing defendant’s assault conviction, the Court of Appeals, in a full-fledged opinion by Judge Lippman, determined a defendant with a conviction pending appeal may not be cross-examined about the underlying facts of that conviction until direct appeal has been exhausted. Judge Lippman wrote: At trial, the defense was justification and defendant planned to testify, […]
Over a dissent, the Court of Appeals, in a full-fledged opinion by Judge Pigott, determined that the defendant’s identification in a line-up, after an admittedly illegal arrest, was not tainted by the arrest under the doctrine of “attenuation.” The operative legal principles were described as follows: The sergeant’s initial arrest of defendant was without probable […]
The First Department, in this and several other similar rulings, reversed Supreme Court’s denial of petitioner’s application for a stationary engineer license determining that petitioner’s criminal record bore no relationship to the duties of a stationary engineer: The determination to deny petitioner’s renewal application for a stationary engineer license was in violation of lawful procedure […]
In affirming Family Court’s modification of custody, the Second Department noted that Family Court properly considered a neglect proceeding that was adjourned in contemplation of dismissal (not a determination on the merits) and Family Court was not required to accept the recommendations of the court-appointed forensic psychologist. Matter of Selliah v Penamente, 2013 NY Slip Op […]
Plaintiff’s decedent fell down an elevator shaft, allegedly due to the condition of a door interlock. The First Department determined the wrongful death complaint against New York Elevator and Electrical Corporation (NYE) should have been dismissed because the company was retained only on an on-call basis for repairs and there was no evidence NYE was […]
In a full-fledged opinion by Judge Smith, the Court of Appeals determined the Attorney General’s civil suit, seeking equitable relief (based upon allegations of fraud) against two former officers of AIG, survived summary judgment. The Court explained the nature of the suit as follows: The Attorney General began this civil suit against AIG, Maurice Greenberg […]
The First Department, in a full-fledged opinion by Justice Acosta, in the context of whether the complaint stated a cause of action sufficient to withstand a motion to dismiss, determined that the procedures in a Deed of Gift and Protocol for the America’s Cup sailing regatta constituted and “offer” and “acceptance” resulting in an enforceable […]
In a full-fledged opinion by Judge Graffeo, with two concurrences, the majority determined ambulance assistance rendered by first responders is a governmental, not proprietary, function. The majority also concluded a question of fact had been raised about whether the city owed a “special duty” to the plaintiff, who suffered serious brain damage after going into […]
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