Category Archives: App. Div. 3d Dept.

AD1, AD2, & AD3 – New Decisions

There are new decisions from the First, Second, and Third Departments.  (LC)

AD1, AD2, AD3, & AD4 – New Decisions

There are new decisions from the First, Second, Third, and Fourth Departments.  (LC)

COA, AD1, AD2, & AD3 – New Decisions

There are new decisions from the Court of Appeals:

  • Matter of Wooley v. DOCS (Ct. App. 7/1/2010) (4-3) – an interesting Article 78 decision where the COA held that DOCS did not arbitrarily refuse an inmate's request for experimental Hepatitis C treatment
  • People v. McRae (Ct. App. 7/1/2010) (SSM) – accomplice testimony corroborated
  • People v. Diaz (Ct. App. 7/1/2010) (SSM) – knowledge element of CPCS proved

In addition, the First, Second, and Third Departments have posted new decisions.  (LC)

COA, AD1, AD2, & AD3 – New Decisions

The Court of Appeals posted new decisions today:

  • People v. Murray (Ct. App. 6/24/2010) – sentencing court properly rejected request for YO status.  The defendant failed to appear for sentencing, in violation his plea agreement.  It was on this basis that the court imposed an adult sentence.  This was not a case where the "court arbitrarily trifled with the legitimate expectations of the defendant based on the plea."  In addition, the defendant's claim as to the length of PRS was not preserved.
  • People v. Simmons (Ct. App. 6/24/2010) – trial court's supplemental instruction on intent did not usurp jury's function as arbiter of the facts.
  • People v. Jordan (Ct. App. 6/24/2010) (SSM) – Double Jeopardy violation where PRS was imposed after the defendant finished serving his prison sentence.

In addition, there are new decisions from the First, Second, and Third Departments.  (LC)

COA, AD1, AD2, & AD3 – New Decisions

The Court of Appeals announced new decisions yesterday:

  • People v. Reome (Ct. App. 6/17/2010) (Smith, J.) (6-1) – whether accomplice testimony was corroborated
  • People v. Valencia (Ct. App. 6/17/2010) (5-1-1) – depraved indifference assault not found in vehicular DWI case
  • People v. Williams (Ct. App. 6/17/2010) (SSM) – PSR and double jeopardy
  • People v. Hassell (Ct. App. 6/17/2010) (SSM) – PSR and double jeopardy

In addition, there are new decisions from the First, SecondThird, and Fourth Departments.  (LC)