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.

NY Fair Trial: Brady Evidence withheld results in New Murder Trial

Criminal conviction overturned. The homicide conviction is overturned in this case because the prosceutor withheld evidence. "The Brady rule is based on the requirement of due process, and [i]ts purpose is not to displace the adversary system as the primary means by which truth is uncovered, but to ensure that the accused receives a fair trial'" (People v Garrett, 23 NY3d 878, 884 [2014], quoting United States v Bagley, 473 US 667, 675 [1985]). "[T]he Court of Appeals recentl

NYS Criminal Defense Attorney: Discovery, Preservation and FOIL

NYS Criminal Defense Attorney: Discovery, Preservation and FOIL

Hire a criminal defense attorney that makes demands, pursues evidence, investigates the case and does more than consult a discovery checklist when the law changes in New York State: Criminal defense attorneys should utilize discovery demands in 2020. While most people are aware of the sweeping criminal justice reforms that take effect on January 1, 2020, most defense counsel do not file demands in this County. Of particular import here is the mandate that the prosecution shal

DWI & DUI Checkpoints This Season

DWI & DUI Checkpoints This Season

Warrant exception and stops without probable cause. You would think that this would not occur in a country founded upon angry colonialists who were subject to soldiers staying in their homes and stamp/tea taxes but it does. Warrantless car stops have received the approval of the Supreme Court of the United States. The Defendant here appeals from a judgment of the Criminal Court of the City of New York, New York County (Stephen Antignani, J.), rendered October 28, 2016, convic

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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