In a lead-paint injury action, defendants moved to compel plaintiff to produce medical reports linking the injuries to lead and to provide an amended bill of particulars to reflect those injuries. In the alternative the defendants moved to preclude proof of plaintiff’s injuries in the absence of such medical reports. Supreme Court granted the defendant’s […]
The Fourth Department determined the trial court properly ruled that the defendant’s statements during the first 15 hours of a 60-hour interrogation need not be suppressed as the product of coercion. People v Collins, KA 09-00932, 1367, 4th Dept, 5-3-13 SUPPRESS, SUPPRESSION
The Fourth Department ruled that suppression of tangible evidence and statements should have been granted because the People failed to meet their burden of going forward at the suppression hearing by demonstrating the legality of the police conduct. The Fourth Department further determined that the error was not harmless with respect to all but one […]
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 […]
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