Nys court of appeals cases
[PDF File]NEW YORK STATE UNIFIED COURT SYSTEM NEW YORK STATE COURTS
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Departments* hear appeals of decisions in cases starting in the New York City Civil and Criminal Courts. In the Second Department, the Appellate Terms also hear appeals of decisions in cases that started in the District, City or Town and Village Courts. The County Courts in the Third and Fourth Departments, while
[PDF File]7.01 OPINION OF EXPERT WITNESS - Judiciary of New York
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People v LeGrand, 8 NY3d 449, 455-456 [2007] [“A court’s exercise of discretion depends largely on whether jurors, after the court considers their ‘day-to-day experience, their common observation and their knowledge,’ would benefit from the specialized knowledge of an expert witness”]; People v Keindl, 68 NY2d 410,
[PDF File]THE NUTS AND BOLTS OF APPELLATE DIVISION MOTION PRACTICE by ANNETTE G ...
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h. Motion for Leave to Appeal to the Court of Appeals II. Necessary elements of all appellate motions a. 22 NYCRR §§670.2(i), 670.5 b. Brevity is key: The Court reviews countless motions on a weekly basis, so keep your papers concise. This not the Brief you are writing! Reference only those facts necessary to resolution of the motion.
[PDF File]NYS Court of Appeals Criminal Decisions for March 24, 2020 People v ...
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NYS Court of Appeals Criminal Decisions for March 24, 2020 People v. Tsintzelis People v. Velez These two cases are decided together in a memorandum, reversing the AD. Judge Rivera authors a concurrence, joined by Judge Wilson. The court ordered new trials in both cases, following its recent precedent in requiring DNA-related testimony to comply
[PDF File]7.17. IDENTIFICATION EXPERT - Judiciary of New York
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A trial court’s exercise of discretion in denying or limiting an expert’s testimony on the reliability of an identification is subject to appellate review for an abuse of discretion. (E.g. LeGrand, 8 NY3d at 456 [“there are cases in which it would be an abuse of a court’s discretion to exclude expert testimony on the
[PDF File]NYS Court of Appeals Criminal Decisions for April 21, 2022 People v. Carman
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NYS Court of Appeals Criminal Decisions for April 26, 2022 People v. Easley This is a 4 to 3 memorandum, with Judge Rivera authoring the dissent, joined by Judges Wilson and Troutman. The AD is affirmed. The trial court abused its discretion by admitting Forensic Statistical Tool (“FST”) low copy number (“LCN”) DNA evidence
[PDF File]State of New York Court of Appeals
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abandoned in this Court her arguments before Supreme Court and the Appellate Division that the first two causes of action are timely because they relate back to the original complaint pursuant to CPLR 203 (f). Given these representations by plaintiff, I conclude the first two causes of action were properly dismissed as untimely.
[PDF File]NYS Court of Appeals Criminal Decisions; October 7, 2021 People v ...
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NYS Court of Appeals Criminal Decisions; October 14, 2021 People v. Ibarguen This is a brief 5 to 2 memorandum affirming the Second Department. The suppression court did not abuse its discretion in denying the defendant’s motion without conducting an evidentiary hearing. The motion papers failed to comply with CPL 710.60(1) and (3),
[PDF File]New York State - Federal Judicial Council - United States Courts
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Under the Constitution and §500.27(a) of the New York Court of Appeals Rules of Practice, the Court of Appeals will consider questions certified by the highest court of another state, a federal circuit court of appeals, or the United States Supreme Court. New York is thus unlike most other jurisdictions that will
[PDF File]RECORDS OF THE APPELLATE COURTS - Judiciary of New York
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Index to cases heard by the Court of Appeals. Information listed includes appellant's name, date of hearing, calendar number and date decided. Retain permanently. 1 All records followed by a "J" refer to records which are on deposit with the New York State Archives.
[PDF File]NYS Court of Appeals Criminal Decisions for May 4, 2021 People v ...
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NYS Court of Appeals Criminal Decisions for May 6, 2021 People v. Brown This is a 4 to 2 memorandum, affirming the AD, with Judge Fahey concurring in the result ... Three local court cases are decided here in a 4 to 2 decision, authored by Judge Garcia. Judges Rivera and Wilson filed separate dissenting opinions. The People won all three
[PDF File]State of New York Supreme Court, Appellate Division Third Judicial ...
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This Court dismissed plaintiff's appeals from the orders denying his motions to reargue and affirmed Supreme Court's three other orders (id.). Between September 2013 and February 2016, Supreme Court issued a total of five successive scheduling orders, each specifying deadlines for the completion of discovery and filing of a note of issue.
[PDF File]INTERACTIVE CITATION WORKBOOK FOR THE BLUEBOOK: A UNIFORM ... - LexisNexis
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it serves, including appeals from civil and criminal cases originating in the Civil and Criminal Courts of the City of New York. In the Second Department, the Appellate Terms also have jurisdiction over appeals from civil and criminal cases originating in District, City, Town and Village Courts, as well as non-felony appeals from the County Court.
[PDF File]The New York State Court of Appeals Criminal Leave Application Practice ...
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No appeal currently lies as of right in criminal cases. CPL 450.70 and CPL 450.80 provide for appeals as of right in cases involving the death penalty. However, in People v LaValle, 3 NY3d 88 (2004), the Court of Appeals held the death penalty sentencing statute unconstitutional, and in People v Taylor, 9 NY3d 129, 155 (2007), the Court stated
[PDF File]1 COURT OF APPEALS STATE OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK,
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MR. FITZMAURICE: The court - - - the court did rule, actually. And I think this is a really important point. As this was emerging, you know, the court indulged defense counsel, had a five-day discussion - - - well, discussion spanning five days; there was a weekend in there, and initially the court said, yes, you - - - you do
[PDF File]THE NEW YORK COURT OF APPEALS CIVIL JURISDICTION AND PRACTICE OUTLINE
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the Court of Appeals by a party in whose favor the Appellate Division has reversed a judgment and granted a new trial (Huerta v New York City Tr. Auth., 98 NY2d 643 [2002]). e. Even in the rare cases where an appeal lies under CPLR 5601(c), appealing under this predicate involves certain dangers that can trap the unwary appellant.
[PDF File]NYS Court of Appeals Criminal Decisions for April 1, 2021 People v ...
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however, the Court of Appeals’ jurisdiction in noncapital cases is limited to questions of law. Though Judge Wilson wished it were otherwise, the Court did not have jurisdiction over this appeal, as the Appellate Term’s decision was based on an exercise of discretion in the interest of justice premise. See, 450.90; 470.15(3)(c). Still, the ...
[PDF File]NYS Court of Appeals Criminal Decisions for June 7, 2018 People v. Sanabria
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The AD was wrong, as the lower court's determination regarding the murder charge was adverse to the defendant. NYS Court of Appeals Criminal Decisions for June 14, 2018 People v. Thibodeau This is a 4 to 3 memorandum, with Judge Rivera authoring the dissent, which was joined in by Judges Wilson and Feinman. The Court of Appeals affirmed the AD ...
[PDF File]NYS Court of Appeals Criminal Decisions; September 2, 2021 People v. Walls
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NYS Court of Appeals Criminal-related Decisions; September 9, 2021 People v. Guevara This is a unanimous memorandum, reversing the AD. A new trial is ordered regarding this manslaughter prosecution. Defendant filed a timely notice pursuant to CPL 250.10 of his intent to present psychiatric evidence. The deprivation of the defendant’s
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