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Court of Appeals of New York - February 2006 Opinion Summaries

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Description Date Docket #

People v. Miller

Court of Appeals of New York
Criminal Law & Procedure
A defendant's convictions for two counts of second degree murder convictions are vacated pursuant to a claim that they were lesser included offenses...
02/27/2006 131, 132

People v. DaCosta

Court of Appeals of New York
Criminal Law & Procedure, Evidence
A conviction for manslaughter in the second degree is affirmed over a claim of insufficiency of the evidence in a case involving the death of a police...
02/27/2006 26

People v. Lopez

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
When a defendant enters into a guilty plea that includes a valid waiver of the right to appeal, that waiver includes any challenge to the severity of...
02/27/2006 23, 24, 25

Brisson v. County of Onondaga

Court of Appeals of New York
Injury & Tort Law, Insurance Law, Labor & Employment Law, Workers' Compensation
A self-insured employer or workers' compensation carrier must preserve its right to any offset expressly and unambiguously when consenting to...
02/27/2006 11

Stephenson v. Hotel Employees & Rest. Employees Union Local 100 of the AFL-CIO

Court of Appeals of New York
Civil Rights, Criminal Law & Procedure, Elder Law, Labor & Employment Law
An order setting aside a jury verdict and dismissing a complaint in an age discrimination case is affirmed where defendants presented valid reasons...
02/27/2006 4

People v. Waldron

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
Defendant's conviction and sentence for sodomy in the first degree, use of a child in a sexual performance, and related offenses is affirmed where...
02/27/2006 22

People v. Bloomfield

Court of Appeals of New York
Corporation & Enterprise Law, Criminal Law & Procedure, Evidence, Securities Law, White Collar Crime
An order reversing defendants' convictions for falsifying business records in the first degree and conspiracy in the fifth degree is reversed where...
02/27/2006 13

Harris v. Niagara Falls Bd. of Educ.

Court of Appeals of New York
Civil Procedure, Education Law, Injury & Tort Law
Dismissal of plaintiff's complaint in a personal injury action is affirmed where plaintiff did not comply with the commencement-by-filing system when...
02/27/2006 8

Country Wide Ins. Co. v. Nat'l R.R. Passenger Corp.

Court of Appeals of New York
Evidence, Injury & Tort Law, Insurance Law, Labor & Employment Law, Transportation
For purposes of owners' vicarious liability under state law for the negligence of those whom they allow to drive their vehicles, uncontradicted...
02/27/2006 7

Council of the City of New York v. Bloomberg

Court of Appeals of New York
Civil Procedure, Government Benefits, Government Contracts, Government Law, Labor & Employment Law
New York City's Equal Benefits Law is preempted by a General Municipal Law and the federal Employee Retirement Income Security Act (ERISA).
02/27/2006 6

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