In reversing a SORA determination, the Fourth Department determined that the SORA court did not make a “searching inquiry” to make sure the defendant’s decision to proceed with the SORA hearing without an attorney was knowing, intelligent and voluntary. “The requisite inquiry ‘should affirmatively disclose that a trial court has delved into a defendant’s age, […]
A City of Syracuse police detective was assigned to a security detail for a college athletic event. The detective saw codefendant walk toward the gymnasium, turn around and walk back the way he came. The detective followed the codefendant to a car. The detective then approached the codefendant and asked to speak with him. Defendant, […]
In affirming a rape conviction, the Fourth Department noted it was not necessary to apply the “prompt outcry” hearsay exception to the victim’s testimony about her own out-of-court statements because the statements were not hearsay. People v Curran, 1323, KA 08-01510 Fourth Dept. 2-1-13
Defendant went to trial before he pled guilty. On appeal he argued the court erred in admitting recorded conversations. The Fourth Department determined, by pleading guilty, the defendant forfeited his right to seek review of any nonjurisdictional defects in the proceedings, including issues arising from an audibility hearing and evidentiary rulings during trial. People vs […]
Flight was not sufficient to justify police pursuit. A police officer had been shot in the afternoon. About eight hours after the shooting, uniformed officers approached the defendant as he was walking within a block or two of where the shooting occurred. The defendant said “What, we can’t go to the store?” turned his back, […]
The prosecutor’s violation of the trial court’s Sandoval ruling required reversal and new trial. Defendant was charged with rape. Prior to trial defendant sought a Sandoval ruling that he could not be cross-examined about a nine-year-old conviction for sexual abuse. The trial court ruled the defendant could not be cross-examined about the sexual abuse conviction […]
Request for a missing witness jury instruction must be made when it is learned the witness will not be called, not after the close of proof. Midstate Mutual Insurance Co vs Camp Road Transmission, Inc., 1462, CA 12-00961 Fourth Dept. 2-1-13
The board of managers of a condominium complex successfully challenged the town valuation of the property for real estate tax purposes. The town appealed and the Fourth Department affirmed (with two justices dissenting). The lengthy decision includes detailed discussions of the nuts and bolts of commercial property tax assessments, including the determination of the capitalization […]
An arbitrator’s interpretation of a collective bargaining agreement was vacated by the trial court. The Fourth Department reversed and confirmed the arbitration award. The decision includes a substantive discussion of the criteria that must be met before an arbitration award can be disturbed by a court. “[A]n arbitrator’s rulings, unlike a trial court’s, are largely […]
There is no common-law cause of action for the negligent provision of alcohol. Under General Obligations Law section 11-100, liability for furnishing alcohol is triggered only if the person who unlawfully received the alcohol causes injury. In this case, a clerk in a convenience store sold alcohol to a 17-year-old with a fake ID who […]
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