In attempting to intubate an 83-year-old woman who was unresponsive, a doctor perforated her esophagus making it necessary that she be fed through a tube for the remaining three years of her life. In affirming the plaintiffs’ verdict, the Court of Appeals determined that the trial court’s jury charge did not improperly reduce plaintiffs’ burden […]
The Court of Appeals, in a full-fledged opinion by Judge Piggot, held that the so-called HAIL Act, which regulates taxi cabs and livery vehicles in New York City, was not an unconstitutional special law in violation of the Home Rule Clause of the New York State Constitution because the statute benefits all New Yorkers, not […]
The Court of Appeals, in a full-fledged opinion by Judge Read, determined that the Wicks Law, as amended, did not violate the Home Rule section of the State Constitution. The Wicks Law “requires public entities seeking bids on construction contracts to obtain ‘separate specification’ for three ‘subdivisions of the work to be performed’—generally, plumbing, electrical […]
The full-fledged opinion by Judge Read was succinctly summarized by the Court of Appeals as follows: We hold that Judiciary Law § 21 does not bar a substitute judge from deciding a question of law presented in a motion argued orally before another judge so long as a transcript or recording of the prior argument […]
The Third Department remitted a SORA proceeding because the court did not set forth in its written order its findings of fact and conclusions of law with respect to defendant’s application for a downward departure and the oral findings were not sufficiently detailed for adequate review. People v Filkins, 514025, 3rd Dept, 6-6-13
The Third Department determined the police officer [Negron] properly asked defendant to get out of his car, and properly conducted a pat-down search, after a vehicle-stop for traffic infractions: …[O]fficers may exercise their discretion to require occupants to exit a vehicle once a lawful traffic stop has been effected, out of a concern for safety […]
The Third Department determined the trial court’s failure to directly inquire into defendant’s awareness of the risks associated with his attorney’s potential conflict of interest and the trial court’s failure to follow the statutory procedure with respect to a note from the jury during deliberations did not require reversal: Early in these proceedings, defendant’s trial […]
The Third Department determined the questioning of defendant by police at defendant’s home did not constitute custodial interrogation requiring Miranda warnings: At the Huntley hearing, the two officers testified that they informed defendant of the reason for their visit, were invited into his home, sat around a dining room table and engaged in small talk […]
The Third Department determined that information from a confidential informant provided reasonable suspicion sufficient to justify an investigatory vehicle stop and noted that a vehicle stop with guns drawn did not ripen into an arrest where the police had reliable information the occupants of the vehicle were armed: We reject defendant’s contention that removing him […]
The Third Department noted that the defendant should not have been required to waive his right to appeal where he pled to all the charges and there was no plea bargain: Having exercised his statutory right to plead guilty to all of the charges levied against him in the indictment and inasmuch as “no promise, […]
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