The Fourth Department determined Supreme Court should not have required defendant to proceed pro se on the People’s motion to compel him to submit to a buccal swab for DNA testing: We … agree with defendant that the court erred in requiring him to proceed pro se on the People’s motion to compel him to […]
The Fourth Department, reversing defendant’s conviction by guilty plea, determined defendant’s statements denying he sold cocaine and describing the proceedings as corrupt mandated further inquiry by the court. The failure to preserve the error by a postallocution motion did not, under the facts, prevent the court from reaching the issue on appeal: During the plea colloquy, […]
The Fourth Department noted that the matter must be sent back for resentencing, despite the failure to raise the issue on appeal, because the length of probation was not specified: Although not raised by the parties, we note that the judgment must be modified by vacating the sentence and the matter must be remitted to […]
The Fourth Department determined the plea to attempted sex trafficking charged in an amended indictment count must be vacated because the count which was purportedly amended had been previously dismissed. The court further held that the waiver of appeal was invalid: … [W]e conclude … that the court erred in eliciting defendant’s plea of guilty […]
The Fourth Department, reversing County Court, determined defendant could not be sentenced to more prison time for a violation of probation in this driving while intoxicated case. Defendant had served the full four years of his 1 1/3 to 4 year sentence when he violated probation by driving while intoxicated, unlicensed operation, refusal of a […]
The Fourth Department, sending the case back to Supreme Court, found that a hearing was necessary to determine whether the police officers engaged in identification procedures at the police station and, if so, whether the identifications were confirmatory. The People did not notify the defendant of any identification procedures in their CPL 710.30 notice: … […]
The Fourth Department determined sexual harassment and employment discrimination claims against a former NYS Assemblyman were properly dismissed because the notice of intent were insufficiently specific: … [T]he statute requires that a “claim shall state the time when and place where such claim arose, the nature of same, [and] the items of damage or injuries claimed […]
The Fourth Department, reversing Supreme Court, noted that lack of standing is not a jurisdictional defect and held that the court’s sua sponte dismissal of an Article 78/declaratory judgment petition was an abuse of discretion: We agree with petitioners that the court improvidently exercised its discretion in sua sponte dismissing the petition. “[U]se of the […]
The Third Department determined claimant was not entitled to workers’ compensation benefits stemming from a fall on a sidewalk near her plaice of employment. The relevant criteria were explained: As a general rule, “accidents that occur in public areas away from the workplace and outside of work hours are not compensable” … and, thus, “injuries sustained […]
The Third Department, reversing the Unemployment Insurance Appeal Board, determined claimant appraiser was not an employee of SCA Enterprises and was not entitled to unemployment insurance benefits: SCA Enterprises Inc. is engaged in the business of connecting appraisers with its clients, which are insurance carriers, to assist in processing automobile damage claims across the United […]
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