The Court of Appeals, in a full-fledged opinion by Judge Pigott which addressed both the proof requirements for depraved indifference murder and ineffective assistance of counsel, determined that the brutal beating of a 15-month-old baby combined with the failure to summon assistance for 2 hours met the criteria for depraved indifference to human life. The […]
The defendant was convicted of “unlicensed general vending” for selling t-shirts in New York City without a vendor’s license. In his defense the defendant argued that the vending of t-shirts with artistic images on them was constitutionally protected expression. The Court of Appeals affirmed the conviction and the determination below that the purpose of the […]
In a full-fledged opinion by Judge Read, with a concurrence/dissent by Judge Graffeo, the Court of Appeals hashed out the priority of liens, including mechanic’s liens, to be satisfied after the foreclosure on a 10 million dollar construction project in Syracuse. The Court determined that a loan agreement constituted a “building loan contract” within the […]
In affirming the tax assessment of residential properties in Syracuse, the Court of Appeals, in a full-fledged opinion by Judge Rivera, determined that the petitioner did not make a sufficient showing of the diminution of property values by the presence of lead paint: In this Real Property Tax Law article 7 proceeding challenging the tax […]
The First Department determined plaintiff, who was eleven at the time of the accident, should have been allowed to file an amended notice of claim. The original notice described the wrong address. At the 50-h hearing the plaintiff identified the correct location after seeing photographs of the incorrect location. The defendant did not meet its […]
The Fourth Department determined the National Labor Relations Board, under the doctrine of federal preemption of state law, had first crack at determining whether it had jurisdiction over a collective bargaining matter, as opposed to the NYS Public Employment Relations Board (PERB): We agree with petitioners, however, that Supreme Court erred in determining that PERB […]
The Fourth Department determined County Court erred when it denied defendant’s application for resentencing under the Drug Law Reform Act on the ground defendant was a reincarcerated parole violator. Nor did it matter that defendant was released from parole supervision after he made the application. People v Saffold, 666, 4th Dept, 6-7-13
The Fourth Department determined the People did not meet their “burden of going forward” at the suppression hearing and suppressed the evidence seized from the defendant. After an anonymous call describing a person who looked nothing at all like the defendant, the police approached, detained and searched the defendant: The officer who approached defendant testified […]
The Fourth Department reversed defendant’s conviction for criminal impersonation because the jury was allowed to consider a theory of prosecution that was not charged: …[T]he court’s jury instructions with respect to the crime of criminal impersonation in the first degree permitted the jury to convict him upon a theory not charged in the indictment, and […]
The Fourth Department determined there was insufficient evidence to support a grand larceny charge based upon the defendant’s taking a jeep from his girlfriend’s residence. Prior to defendant’s taking the jeep, his girlfriend had agreed to transfer it to him—an offer she subsequently told defendant was “off:” The Fourth Department held the People had not […]
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