New York Law and Second Circuit Update

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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.

The People failed to timely seek a DNA Test resulting in the Dismissal of an Indictment On Speedy Tr

The People failed to timely seek a DNA Test resulting in the Dismissal of an Indictment On Speedy Tr

In People v. Clark, the New York Court of Appeals throw out a first degree murder charges because the People, the prosecutor, did not act diligently in obtaining evidence. The issue was ” whether the Appellate Division erred in holding that the People were chargeable with the period of delay of 161 days for DNA testing after having failed to exercise due diligence in seeking defendant’s DNA exemplar in order to conduct comparative testing with the DNA obtained by the Office o

Prosecutor’s Statements about DNA evidence results in New Trial for Criminal Defendant

Prosecutor’s Statements about DNA evidence results in New Trial for Criminal Defendant

After a jury trial, the defendant was convicted of criminal possession of a weapon in the second degree. A new trial is ordered because of the prosecutor’s statements regarding DNA evidence. The weight of the evidence was against the defendant. A gun was found and the defendant confessed. It is important to note, irrespective of the reasons for why it was done, that the prosecutor’s statements are what gives rise to a new trial. The facts are as follows On the evening of Sept

Hofstra Student’s Public Lewdness Charge, Penal Law 245, stands

Hofstra Student’s Public Lewdness Charge, Penal Law 245, stands

A college student’s inappropriate behavior became criminal in class. “Defendant is accused by information of public lewdness (see Penal Law §245.00) on account of an incident that is alleged to have occurred in an accounting class at Hofstra University on September 3, 2014.” Id. at 1. “[A] person is guilty of public lewdness “when he [or she] intentionally exposes the private or intimate parts of his [or her] body in a lewd manner or commits any other lewd act…in a public pla

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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

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

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