The Third Department determined that the relationship between the defendant’s act and a fatal car accident was too attenuated to support a conviction for criminally negligent homicide. The defendant, a passenger, jerked the steering wheel, apparently in an attempt to intimidate or strike a car that was along side of the car defendant was in. […]
The defendant made a pro se motion to withdraw his plea of guilty. In response to the sentencing court’s question, the defendant’s attorney told the court that she saw no legal basis for the motion. The Third Department determined defense counsel acted appropriately in not supporting the pro se motion, but the sentencing court should […]
The Third Department determined one count of an indictment was jurisdictionally defective and the People’s attempt to cure the defect by amendment was prohibited by CPL 200.70, which does not allow amendment to fix the failure to state or charge an offense: Here, count 3 of the indictment charged defendant with conspiracy in the second […]
The Third Department explained the principles and proof requirements with respect to excludable time under the speedy trial statute, including a detailed analysis of all the relevant types of excludable/includable time raised by the facts of the case: Where, as here, a defendant is charged with a misdemeanor punishable by a sentence of more than […]
The Court of Appeals determined the trial court’s failure to comply precisely with the requirements of CPL 310.30, and the trial court’s having a court officer tell the jury they could not have a written copy of the jury instructions, did not constitute mode of proceedings errors. The Court wrote: We are not persuaded by […]
In a full-fledged opinion by Judge Pigott (with a dissent by Judge Rivera), the Court of Appeals determined the denial of defense counsel’s request to replace a state-employed court interpreter because he was acquainted with the complainants was not an abuse of discretion: The interpreter complied with his ethical obligation by notifying the court that […]
The Court of Appeals held that a defendant who was absent from his trial received ineffective assistance of counsel: It is well established that a defendant may not, by his absence alone, “waive his right to effective assistance of counsel” …. Although a defendant’s willful absence from trial surely hampers an attorney’s ability to represent […]
In reversing Supreme Court, the Second Department determined the proof in this action to quiet title demonstrated that plaintiff’s decedent was the rightful owner of the subject property. The Second Department noted the fact that the deed was not recorded did not overcome the presumption of delivery and acceptance of the deed: Although the presumption […]
In reversing Supreme Court, the Second Department determined there was a triable issue of fact about whether the defendant title insurance company was liable for a defect in title (boundary line agreement) which resulted in plaintiffs owning half the property they thought they were purchasing: …Chicago Title established, prima facie, that the defect in title […]
The Second Department determined Family Court erred when it denied the mother’s subpoena for medical treatment records to rebut the allegations against her in a custody proceeding: Under the particular facts of this case, the Family Court improvidently exercised its discretion when it did not sign a subpoena proffered by the mother so as to […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy