Editor & Author
Contributing AuthorsFellows of the St. John's Center for Trial and Appellate Advocacy
Read their bios under About the Authors.
- People Successfully Defend Police Contact Under Level One of DeBour; Court Suppresses Under Higher Level
- Who Was the First Initial Deadly Aggressor?
- Conviction Overturned Where Trial Court Negotiated a Cooperation Agreement with a Co-Defendant
- Defendant’s Refusal to Testify in Separate Prosecution Violated Cooperation Agreement, Even Though Agreement Did Not Expressly Require Such Testimony
- COA Orders a 440 Hearing – But Where is the Factual Dispute?
CategoriesAdvice App. Div. 1st Dept. App. Div. 2d Dept. App. Div. 3d Dept. App. Div. 4th Dept. App. Term 1st Dept. App. Term 2d Dept. Appellate Procedure Blog News Case Summaries Civil Law Collateral Relief Commentaries Constitutional Law Criminal Procedure Law Ethics Evidence Juries Mental Illness N.Y. Court of Appeals New Decisions New Legislation News Penal Law Second Circuit St. John's Suppression Trial Courts Uncategorized Vehicle and Traffic Law
Category Archives: App. Div. 3d Dept.
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
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.
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