Recent changes
Thursday, March 5, 2026
People v. Haynesworth - Criminal Conviction Appeal
The Appellate Division of the Supreme Court of New York affirmed a criminal conviction for attempted criminal sale of a controlled substance in the third degree. The court found no non-frivolous issues on appeal and granted the assigned counsel's motion to withdraw.
People v. Essor - Criminal Conviction Affirmation
The Appellate Division of the Supreme Court of the State of New York affirmed a judgment convicting Richard Essor of murder in the second degree and criminal possession of a weapon. The court found the defendant's contentions regarding juror excusal and sentencing unpreserved for review or without merit.
Lancaster v Chun - Mandamus Proceeding Dismissed
The Appellate Division of the Supreme Court of the State of New York dismissed a proceeding in the nature of mandamus to compel an acting justice to sign a proposed order to show cause. The court found the petitioner failed to demonstrate a clear legal right to the relief sought.
Phillips v. Varma - Medical Malpractice Appeal Decision
The Appellate Division of the Supreme Court of New York reversed a lower court's decision, denying summary judgment to defendants Vikas Varma and Neuro-Pain Care, P.C. The court reinstated the medical malpractice and lack of informed consent claims against these defendants, finding that triable issues of fact exist regarding the plaintiff's infection following epidural steroid injections.
Wednesday, March 4, 2026
People v. Taveres - Sex Offender Classification
The Appellate Division of the Supreme Court of New York affirmed an order adjudicating Rolando Taveres a level two sexually violent offender under the Sex Offender Registration Act. The court found sufficient evidence for the risk assessment and declined to grant a downward departure.
U.S. Bank, N.A. v. Gordon - Foreclosure Statute of Limitations
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision to dismiss a foreclosure action brought by U.S. Bank, N.A. The court found the action was barred by the statute of limitations, citing the Foreclosure Abuse Prevention Act (FAPA) and its impact on deacceleration letters. The decision impacts financial institutions involved in mortgage foreclosures in New York.
People v. J.R. - Criminal Law and Second Amendment Challenge
The Appellate Division of the Supreme Court of New York affirmed a conviction for attempted criminal possession of a weapon and assault. The court addressed the defendant's Second Amendment challenge to New York's age requirement for gun licensing, finding it without merit.
People v. Marquis - Appellate Division Court Opinion
The Appellate Division of the Supreme Court of the State of New York affirmed a judgment from the Supreme Court, Bronx County, in the case of People v. Marquis. The court found the sentence imposed was not excessive.
People v. Zwingman - Court Opinion
The Appellate Division of the Supreme Court of the State of New York issued an opinion in the case of People v. Zwingman, decided on March 3, 2026. The court affirmed the judgment and granted the defendant's counsel's application to withdraw, finding no non-frivolous points for appeal.
People v. Rodriguez - Criminal Possession of a Weapon Conviction
The Appellate Division of the Supreme Court of New York affirmed a conviction for criminal possession of a weapon in the fourth degree. The court addressed the defendant's Second Amendment claim, finding it did not render the state's firearm licensing scheme unconstitutional.
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