The Third Department, reversing defendant’s conviction by guilty plea, determined the waiver of indictment was jurisdictionally defected because the time and place of the offense were not included: … [A] waiver of indictment must be executed in strict compliance with CPL 195.20, which specifically requires, as is relevant here, that it set forth the “date and […]
The Third Department, modifying Family Court, determined Family Court should not have delegated authority to father to control some aspects of visitation, and should not have involved mother’s boyfriend, a non-party, in keeping father informed about mother’s medical or mental issues: The court’s authority to set visitation cannot be delegated to a party … . We […]
The Third Department determined defendant’s motion for summary judgment in this slip and fall case was properly granted. Plaintiff was unable to demonstrate that the source of the water on which she slipped and fell was not simply tracked in rain, which was not actionable. The floor in question was temporary flooring used in a […]
The Third Department. over a dissent, determined petitioner police officer was entitled to accidental disability retirement benefits for injuries caused by stepping in a snow-covered pothole while he responded to a series of vehicle accidents during a snowstorm: As this Court has stated, “[t]o be deemed accidental, an injury must not have been the result […]
The Third Department, over a two-justice dissent, determined petitioner’s parole was properly rescinded after a rescission hearing was triggered by a victim impact hearing: In August 2016, letters were sent from the Department of Corrections and Community Supervision to the Albany County District Attorney’s office and the judge who imposed the sentence informing them that […]
The Third Department, annulling the determination and expunging the record, found that the hearing officer had not adequately considered the reliability of the confidential informant: … [W]e find that the Hearing Officer’s inquiry was not thorough and specific enough to afford him an adequate opportunity to assess the confidential informant’s knowledge and reliability. After briefly […]
The Second Department, reversing County Court, determined the motion to suppress should not have been granted without a hearing because defense counsel had not been provided with a copy of the search warrant at the time the motion was made: In evaluating whether a defendant’s factual allegations in a suppression motion are sufficient to warrant […]
The Second Department determined defense peremptory challenges to prospective white jurors were not justified on race-neutral grounds and the alleged error in instructing the jury on the justification defense was not preserved: The defendant contends that the Supreme Court erred in disallowing his peremptory challenges to two prospective white jurors because he provided sufficient race-neutral […]
The Second Department, reversing (modifying) Supreme Court, over a partial dissent, determined: (1) the 42 USC 1983 action was not subject to the notice of claim requirement of the General Municipal Law; the notice of claim for the malicious prosecution cause of action was timely because the limitations period began when the underlying charges were […]
The Second Department, reversing Family Court, determined a hearing was necessary on whether the court had subject matter jurisdiction for the petition seeking an order of protection: … [T]he petitioner commenced this proceeding pursuant to Family Court Act article 8 seeking an order of protection against Cynthia J. Brock. The petitioner alleged, inter alia, that […]
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