The Third Department determined, although it was error to include extraneous information on the verdict sheet, i.e., that the defendant had authorized the verdict sheet, the error was harmless: The Court of Appeals has “held that it is reversible error, not subject to harmless error analysis, to provide a jury in a criminal case with […]
The Third Department dismissed the appeal of County Court’s SORA risk assessment because County Court did not issue an appealable order: Following a hearing, County Court rejected defendant’s challenge to certain assessed points, adjudicated him as a risk level three sex offender and designated him as a sexually violent offender. Defendant appeals. An appealable order […]
The Third Department, reversing Supreme Court, determined defendant should not have been assessed 15 points for his history of drug and alcohol abuse. The evidence of drug use was remote in time and drug use was not an aspect of the offense: Defendant reported that, prior to moving to this area in 1987, he had […]
The First Department, vacating defendant’s guilty plea, determined that the search warrant issued for defendant’s cell phone was overly broad in that it authorized a search going back eight months before the conduct alleged in the warrant: The search warrant for defendant’s phones was overbroad. The application alleged that, on September 1, 2016, defendant sent […]
The First Department, ordering an new trial, determined the defendant’s family members should not have been excluded from the courtroom duing the undercover officer’s testimony: The People concede that the trial court erred in excluding defendant’s family members from some parts of the trial … . Here, the People failed to show specifically that defendant’s […]
The Third Department, reversing the Workers’ Compensation Board, determined claimant was not required to show attachment to the labor market because there had not been a finding of permanent partial disability: Claimant sought review by the Workers’ Compensation Board, contending that she was not required to demonstrate attachment to the labor market because, absent a […]
The First Department, reversing defendant’s criminal possession of a weapon conviction, determined the proof that defendant simply possessed a box cutter was not enough: While feeling around defendant’s waist, the officer felt a metal object in defendant’s shorts. Upon further search, the officer saw the butt end of a box cutter sticking out of the fly […]
The Third Department, annulling the disciplinary determination, held that petitioner-inmate was deprived of his right to be present during the hearing. Respondent removed petitioner from the hearing when petitioner became argumentative and asked that respondent recuse himself because of bias against the petitioner: “An inmate has a fundamental right to be present at a Superintendent’s […]
The Second Department, reversing Supreme Court, over a dissent, determined that the medical malpractice causes of action should not have been dismissed as time-barred. Plaintiff’s decedent had seen the defendant psychiatrist for the first time on November 20, 2014 and the next appointment was set up for December 11, 2014. Defendant alleged he called decedent on […]
The Second Department, reversing Supreme Court, determined defendant’s motion for summary judgment in this slip and fall case should not have been granted. Defendant did not demonstrate a lack of constructive notice of the liquid on the floor: … [T]he evidence submitted by the defendant in support of its motion failed to demonstrate, prima facie, […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy