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.

Defense Counsel did not expressly consent to longer adjournment – The People bear the burden of Prov

Defense Counsel did not expressly consent to longer adjournment – The People bear the burden of Prov

The accused has the Constitutional Right to a Speedy Trial. Recently, the Supreme Court in Betterman declared the sole remedy for a speedy trial violation: dismissal. In New York State, the speedy trial right is codified in the New York Penal Law. New York State codifies that constitutional right to speedy trial and mandates the same and only remedy: dismissal. Although a harsh remedy, New York Penal Law Section thirty sets forth certain criteria for determining when the cloc

Grabbing at the waistband did not justify the seizure and search: Evidence, including gun, suppresse

Grabbing at the waistband did not justify the seizure and search: Evidence, including gun, suppresse

Police need to justify their actions. More than just saying hello or “peeking” into the car window, New York police officers must justify a criminal inquiry or a search. Often there are allegations that New York Police might target one individual over another. Justifications for police action, and sometimes police shootings, in New York have been as tenuous as suggestions that there was something in the suspect’s waistband. This case is no different. Police had recovered some

New Trial Granted: Juror could not unequivocally state she could render an impartial verdict

New Trial Granted: Juror could not unequivocally state she could render an impartial verdict

This case comes by way of an appeal. The Defendant was convicted of assault in the third degree and criminal mischief in the fourth degree, upon a jury verdict. A New York Criminal Defendant has the right to be tried by a fair and impartial jury. Prospective jurors must be able to fairly look at the evidence and not incorporate their own personal biases in rendering a verdict. A criminal defendant ought to hire a good criminal defense attorney to flush out such biases which m

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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