New York Law and Second Circuit Update

The Law Offices of Cory H. Morris

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Injury/Accident

Cory Morris maintains and posts these case briefs for educational purposes only - this blog should not be construed as offering legal advice.

Criminal Defense - Staring does not provide Probable Cause

Criminal Defense - Staring does not provide Probable Cause

It sounds like a bad joke: A cop rolls up to a citizen and says “what’s up, guys.” The citizen does not respond. He puts his head down and starts walking faster. The reason for the stop? He was staring. The New York Law Journal reported that “[a]n appeals court set aside a man’s conviction for weapons possession after concluding that his arrest was premised on nothing more than the defendant looking in the direction of police as he walked in a ‘higher-crime’ area of Buffalo.

Criminal Defense: Witness Unavailability

Criminal Defense: Witness Unavailability

Spread the word: Phone calls made in jails and prisons are often subject to recording. Here, the (New York) department of corrections recorded the defendant’s phone calls to the complainant which, inter alia, could very well served as the proof of yet another criminal charge. The original set of domestic violence charges stems from the defendant assaulting the complainant and her son. In one instance of assault, an off-duty police officer (as well as the defendant) were shot.

New Trial Ordered - Defendant Removed from Court

New Trial Ordered - Defendant Removed from Court

A New Trial is Ordered for a Nassau County Criminal Defendant removed from his trial without warning. This case hails out of Long Island, New York. Practicing as a criminal defense attorney out of Suffolk County, New York, I sometimes hear fellow attorneys and friends discuss criminal cases where someone got “off” on a technicality. When I hear that, I usually think constitution: The criminal defendant asserted his rights under the constitution – the violation of a criminal d

Featured Posts

Slip and Fall Accident - Condition of Puddle Not Clearly Established

Slip and Fall Accident - Condition of Puddle Not Clearly Established

Prisoner held three weeks after he was due to be released is awarded $35,000

Court denies dismissal of DWI Charges - Not in the Interests of Justice

Reducing the term of supervised release can satisfy Article III’s case‐or‐controversy requirement

NYPD forced to respond to FOIL request. NYS Supreme Court Justice Moulton refuses to adopt Glomar Do

A plaintiff has a 42 U.S.C. §1981 cause of action for retaliation against a superior if she or he wa

ACLU’s request denied – although the Freedom of Information Act was to “ensure an informed citizenry

Article 78 Proceeding was premature – although significantly delayed, no final determination was iss

Motion for Summary Judgment Granted – Failure to produce clean boxer results in Breach of Contract

General Counsel’s motion to dismiss denied – Plaintiff stated a claim against Employer's General Cou

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