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Thursday, March 5, 2026
People v. Condon - Criminal Conviction Appeal
The Appellate Division of the Supreme Court of New York affirmed a judgment convicting Joshua R. Condon of criminal sexual act in the first degree. The court found that the defendant's waiver of the right to appeal was invalid due to overbroad language in both the oral colloquy and the written waiver.
People v. Gordon - Criminal Conviction Appeal
The Appellate Division of the Supreme Court of New York issued an opinion on March 5, 2026, in the case of People v. Gordon. The appeal concerns the imposition of an enhanced sentence after the defendant pleaded guilty to falsely reporting an incident in the second degree and subsequently failed to appear for sentencing.
People v. Torres - Criminal Possession of Controlled Substance
The Appellate Division of the Supreme Court of New York has issued an opinion in the case of People v. Torres. The defendant was convicted of criminal possession of a controlled substance and criminally using drug paraphernalia. The appeal challenges the weight of the evidence supporting the conviction.
Upton v. Town of Mooers - Court Opinion
The Appellate Division of the Supreme Court of the State of New York issued an opinion in the case of Matter of Upton v. Town of Mooers. The court granted the respondents' motion to dismiss the petition, affirming a lower court's judgment. The case involved disputes over burial plots and fees within a cemetery acquired by the Town of Mooers.
Michael T. v. Rida S. - Divorce and Custody Appeal
The Appellate Division of the Supreme Court of New York affirmed a judgment of divorce and custody. The court addressed challenges to joint legal custody and equitable distribution, upholding the lower court's decision regarding the best interests of the child and the parents' ability to cooperate.
Boomer v. New York State Dept. of Corr. - Legal Opinion
The Appellate Division of the Supreme Court of New York issued a legal opinion in the matter of Boomer v. New York State Dept. of Corr. The court found the case moot as the Department of Corrections and Community Supervision voluntarily expunged misconduct records and reinstated visitation privileges.
Guerrero v. Martuscello - Prison Disciplinary Rules Appeal
The Appellate Division of the Supreme Court of New York reviewed a prison disciplinary determination. The court addressed whether the disciplinary hearing was timely commenced and completed following the petitioner's placement in the Special Housing Unit. The decision impacts the procedural requirements for prison disciplinary actions in New York.
Nemeth v. K-Tooling - Land Use Variance Dispute
The Appellate Division of the Supreme Court of New York issued an opinion in the Matter of Nemeth v. K-Tooling, concerning a land use dispute. The court reviewed a judgment that partially granted petitioners' application to annul a determination by the Village of Hancock Zoning Board of Appeals approving a use variance request.
New York v. Philip II. - Civil Management of Sex Offender
The Appellate Division of the Supreme Court of New York affirmed an order granting the State's application to civilly confine Philip II., a respondent found to be a dangerous sex offender. The court revoked his supervised release due to violations, including tampering with monitoring devices.
N.Y. v. Commons West, LLC - Housing Affordability and Discrimination
The Appellate Division of the Supreme Court of New York issued an opinion in the case of People of the State of New York v. Commons West, LLC. The case involves housing affordability and potential discrimination related to the federal Section 8 housing choice voucher program. The court addressed a motion to dismiss and a cross-motion for summary judgment concerning the constitutionality of Executive Law ยง 296 (5) (a) (1).
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