The Third Department discussed the allowed duration of orders of protection for a biological grandfather and a stepgrandfather: Family Ct Act § 1056 (4) provides that “[t]he court may enter an order of protection[,] independently of any other order made under this part, against a person who was a member of the child’s household or […]
The Third Department, in a complex decision not fully summarized here, determined the provision of the Education Law which allows the appointment of a receiver to take over allegedly failing schools does not violate the Contract Clause of the US Constitution: … [W]here a statute or regulation impairs a private contract, courts will defer to […]
The Third Department, reversing Supreme Court, determined plaintiff had stated causes of action for malicious prosecution and defamation Defendant, Goyer, was the town deputy clerk and plaintiff was the town supervisor. Goyer had filed a harassment complaint against plaintiff alleging he physically prevented her from entering a conference room at the town hall. Plaintiff was […]
The Third Department withheld decision and directed the People to provide defense counsel with certain trial exhibits counsel was unable to access prior to perfecting the appeal: Defendant contends, among other things, that the People deprived him of an opportunity to develop an effective argument on appeal by failing to provide him with certain video […]
The Third Department, in an appeal by the People of a suppression ruling, determined the suppression motion should have been denied in its entirety. Defendant never made a motion to suppress information taken from his cell phone. Yet County Court apparently speculated that the police must have searched defendant’s cell phone before the Miranda warnings […]
The Third Department, over a partial two-justice dissent, determined the evidence did not support the serious physical injury element of assault first and reduced the conviction to attempted assault first. The victim was shot in the leg. The dissenters argued the serious physical injury element had been proven. The majority focused on weaknesses of the evidence […]
The First Department, reversing Supreme Court, determined defendant’s motion to vacate his conviction by guilty plea should have been granted. Defendant’s attorney erroneously told defendant a certificate of relief from civil liabilities would protect defendant from deportation: Defendant pleaded guilty to a felony relating to the sale of drugs in return for a promised sentence […]
The Third Department, reversing defendant’s conviction by guilty plea and dismissing the indictment, determined the court should have conducted a searching inquiry into defendant’s representing himself when he indicated he wished to testify at the grand jury at his first and second appearances in court: … [D]efendant appeared in City Court for arraignment on a […]
The Third Department, reversing defendant’s conviction, determined defense counsel’s for cause challenge to a juror should have been granted: Turning first to defendant’s contention regarding prospective juror No. 4 from round three, she indicated that she knew Ruth Crepet, a physician that the People intended to call as a witness, as Crepet was her primary […]
The First Dept, reducing the robbery second conviction to robbery third, determined the proof of substantial pain was insufficient: … [W]e agree with the defendant that the evidence was insufficient to establish “substantial pain” beyond a reasonable doubt to sustain his conviction of robbery in the second degree Penal Law § 160.10 [2] [a]). The […]
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