Court of Appeals of New York - December 2015 Opinion Summaries

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Description Date Docket #

People v. Holley

Court of Appeals of New York
Criminal Law & Procedure
Conviction for attempted robbery and two counts of assault is affirmed where the People met their burden to rebut a presumption of an unduly...
12/17/2015 No. 196

People v. Marshall

Court of Appeals of New York
Criminal Law & Procedure
The court held the trial preparation exception of People v. Herner, 85 N.Y.2d 877 (1995) to the requirement of a hearing under US v. Wade, 388 U.S....
12/17/2015 No. 195

People v. Varenga

Court of Appeals of New York
Criminal Law & Procedure
Conviction for assault in the second degree is affirmed and the court held that when a new rule is announced during the one-year grace period for...
12/17/2015 No. 193

People v. Jurgins

Court of Appeals of New York
Criminal Law & Procedure
Sentence for robbery in the first degree is reversed where defendant's prior conviction for attempt to commit robbery in Washington, D.C. is not the...
12/17/2015 No. 178

People v. Ortiz

Court of Appeals of New York
Evidence, Criminal Law & Procedure
Conviction for second-degree burglary is reversed and a new trial ordered where: 1) the collateral estoppel doctrine did not bar the prosecution from...
12/16/2015 No. 201

People v. Rosario

Court of Appeals of New York
Criminal Law & Procedure
Convictions for misdemeanor offenses are affirmed where defendants' coram nobis applications, based on expiration of the one-year grace period of...
12/16/2015 No. 191, 192

Davis v. South Nassau Communities

Court of Appeals of New York
Health Law, Injury & Tort Law, Professional Malpractice
In an injury and tort action, the court held that a medical provider administering medication that could impair a patient's ability to safely operate...
12/16/2015 No. 163

In re Suarez

Court of Appeals of New York
Family Law
In a family law action, the Appellate Division is reversed and the court held that grandparents may demonstrate standing to seek custody under...
12/16/2015 No. 198

Cusimano v. Schnurr

Court of Appeals of New York
Property Law & Real Estate, Commercial Law, Dispute Resolution & Arbitration
In a commercial action featuring multiple disputes over commercial property involving family-owned entities, the Appellate Division is reversed where:...
12/16/2015 No. 200
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