The Court of Appeals, in a full-fledged opinion by Judge Fahey, over a full-fledged dissenting opinion, determined the evidence was sufficient to support the element of robbery first degree which requires the display of what appears to be a firearm. The defendant threatened to shoot the teller and, at some point in time, one of his […]
The Court of Appeals, in a full-fledged opinion by Justice Abdus-Salaam, reversing defendant’s conviction, determined evidence of an alleged prior sexual assault, identical to the charged offense, should not have been admitted to show intent or motive, or as background evidence: Here, … the victim’s testimony as to the alleged prior sexual abuse was not […]
The Court of Appeals, in a short memorandum decision, noted that possession of cocaine can be proven without submitting the cocaine itself as evidence: Although the People did not recover or introduce any of the cocaine that defendant was charged with possessing, “direct evidence in the form of contraband or other physical evidence is not […]
The Court of Appeals determined the petitioner school district could not bring an Article 78 proceeding to challenge the state’s finding that the district’s dispute resolution practices for placing students with disabilities violated federal (Individuals with Disabilities Education Act [IDEA]) and state law because the state’s decision was not final: In 2012, the State found that […]
The Third Department determined the state police did not make sufficient assertions to justify the denial of petitioner’s request for records concerning a victim of crimes committed by petitioner (an inmate). The state police did not provide factual information to support the claims that the records would disclose non-routine investigatory techniques and would violate privacy. […]
The First Department, reversing Supreme Court, determined the landowner did not have a duty to provide minimal security precautions in the public vestibule of their building in this third party assault case, despite a history of shooting on the premises: Defendant established entitlement to judgment as a matter of law by showing that it owed […]
The Second Department determined a deed purporting to transfer property was actually an usurious mortgage and therefore void. All further attempted transfers of the property were therefore a nullity. The deed was provided in return for a $200,000 loan requiring repayment of $220,000 in 90 days. The transaction was therefore an illegal mortgage with a […]
The Second Department reversed and sent a medical malpractice case back for retrial on liability because of the excessive intervention and improper conduct by the trial judge. The Second Department wrote: …[T]he trial justice’s excessive intervention in the proceedings, as well as the cumulative effect of the trial court’s improper conduct, deprived the plaintiff of […]
After the parents’ deaths the maternal and paternal grandmothers petitioned for custody of the child. The Second Department reversed Family Court, which had awarded custody to the maternal grandmother after a three-day hearing, and granted custody to the paternal grandmother, finding no sound and substantial basis for Family Court’s ruling in the record: The essential […]
The Third Department, reversing the Tax Appeals Tribunal, determined petitioners’ were entitled to Empire Zone real property tax credits even though the tax payment were mortgage by Wells Fargo from a mortgage tax escrow account. The Tax Law requires “direct payment” to the taxing authority: … [A]lthough Tax Law § 15 (e) (3) contemplates a […]
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