The Fourth Department noted the criteria for a defendant’s right to specific performance of a plea agreement (criteria not met in this case): “ ‘The remedy of specific performance in the context of plea agreements applies where a defendant has been placed in a no-return position in reliance on the plea agreement . . . […]
The Fourth Department reversed defendant’s robbery convictions (by guilty pleas) because, in the plea allocution, defendant indicated the weapon involved was “fake.” People v Burroughs, KA 10-00663, 462, 4th Dept, 5-3-13
In upholding a search of a purse inside a vehicle after a traffic stop for a seatbelt violation, the Third Department explained the post-arrest exception to the warrant requirement for an automobile search: Under the automobile exception to the warrant requirement, the police may search an automobile – including containers found inside – when they […]
In this case, the Third Department determined kicking in a window satisfies the “entry” element of burglary and the recording by the police of a phone conversation between the defendant and his sister, although it may have violated the eavesdropping statute, was not an error preserved for appeal: “[T]he entry element of burglary is satisfied […]
County Court failed to comply with the statutory procedure for resentencing pursuant to the Drug Law Reform Act of 2004 (Criminal Procedure Law 440.46). County Court did not issue a written order re: the new sentence, did not issue written findings of fact and reasons for the sentence, and did not inform the defendant of […]
The First Department determined a violent felony conviction for which the defendant had not yet been sentenced could be used as a risk factor in a SORA risk level assessment. People v Franco, 2013 NY Slip Op 03168, 1st Dept, 5-2-13
The Third Department made a careful analysis of the police actions after receiving an anonymous tip that two women in car were taking drugs. The court determined the police acted properly in escalating the police intrusion from questioning to arrest, including the search of the car without a warrant. However, the Third Department held that […]
In annulling a disciplinary determination because petitioner was not allowed to observe the search of his cell, the Third Department wrote: Department of Corrections and Community Supervision Directive No. 4910 [V] [C] [1] provides, as relevant here, that “[i]f the inmate is removed from quarters prior to [a] search, he or she shall be placed […]
In a full-fledged opinion by Justice Peters, the Third Department held that a town zoning ordinance which banned “all activities which related to the exploration for, and the production or storage of, natural gas and petroleum,” passed in response to concern over “hydrofracking,” was not preempted by New York’s Oil, Gas and Solution Mining Law […]
The Court of Appeals, in a full-fledged opinion by Judge Smith, determined that the line of strict liability “knowledge-of-an-animal’s-vicious-propensities” cases did not apply to this case, where a cow was negligently allowed to wander off, causing injury to the plaintiff who struck the cow with her car. In a case like this, normal negligence theories […]
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