The Fourth Department, reversing Family Court, determined the evidence did not support a drug-related neglect finding: We agree with respondents that petitioner failed to establish by a preponderance of the evidence “that [the children's] physical, mental or emotional condition[s have] been impaired or [are] in imminent danger of becoming impaired” (… see Family Ct Act § […]
The Fourth Department, vacating defendant's guilty plea, determine defendant's waiver of appeal was invalid and defendant was not informed of the period of post-release supervision: We agree with defendant that his purported waiver of the right to appeal is invalid. “County Court failed to obtain a knowing and voluntary waiver of the right to appeal […]
The Fourth Department, reversing Supreme Court, determined the Labor Law 200 and common-law negligence causes of action should not have been dismissed: This Labor Law and common-law negligence action arises from injuries sustained by Michael W. Parkhurst (decedent) when he slipped and fell on plastic sheeting covering newly-laid carpet after descending a ladder while performing […]
The Fourth Department, reversing Family Court, determined the evidence did not support a drug-related neglect finding against father: We agree with the father that the court's finding of neglect is not supported by the requisite preponderance of the evidence (see generally Family Ct Act § 1046 [b] [i]). “[P]roof that a person repeatedly misuses . . […]
The Fourth Department determined there was insufficient evidence the defendant and the 16-year-old victim and the 24-year-old were strangers. The risk assessment was therefore reduced by 20 points: We agree with defendant that Supreme Court erred in assessing him 20 points under risk factor 7, which applies when, insofar as relevant here, the offender's conduct […]
The Fourth Department, reversing defendant's conviction by guilty plea, determined that the superior court information was jurisdictionally defective: A defendant may waive indictment and consent to be prosecuted by a superior court information (see CPL 195.20…). As relevant here, “[t]he offenses named [in a superior court information] may include any offense for which the defendant was […]
The Fourth Department determined there is no mechanism in the Criminal Procedure Law for a nonparty to intervene in a criminal case. Here a reporter sought information about the jurors who were deliberating a murder case. The court further found that the requirements for a CPLR 1013, 1014 motion to intervene were not met here: … […]
The First Department determined Family Court should not have ruled on mother's petition to modify custody without holding a hearing. In addition the First Department noted that Family Court improperly relied solely upon the child's wishes and unsworn documentary evidence: Family Court improperly determined the mother's modification petition and the father's petitions for enforcement, parenting […]
The First Department determined plaintiff's legal malpractice action based upon advice to plead guilty to an election law violation was not viable because he pled guilty without any assertion of innocence. However, the legal malpractice action based upon the advice that his travel abroad would not affect his immigration status was viable. Plaintiff, a legal […]
The First Department, reversing Supreme Court, in a full-fledged opinion by Justice Tom, determined defendant did not receive effective assistance of counsel when counsel conceded that defendant had a dangerous mental disorder requiring civil confinement. There was no strategic justification for waiving a CPL 330.20 hearing to determine which treatment/confinement track was appropriate for defendant: … […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy