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Recent changes
People v. Franklin - Criminal Conviction Affirmation
The Appellate Division of the Supreme Court of New York affirmed a criminal conviction for robbery in the first degree. The court upheld the denial of the defendant's motion to suppress identification testimony, finding the pretrial identification procedures were not unduly suggestive.
People v. Bradford - Criminal Appeal
The Appellate Division of the Supreme Court of the State of New York affirmed a judgment convicting Rodney Bradford of criminal possession of a weapon in the third degree. The court found that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, precluding review of his contentions regarding the suppression motion and the sentence imposed.
Dursi v. Coffey - Neighbor Dispute Over Bamboo Encroachment
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision granting a petition for a license to enter neighboring property to install a bamboo root barrier. The case addresses a dispute arising from bamboo encroachment between adjacent property owners.
Axos Bank v. Michael Gangi Plumbing & Heating Contrs., Inc.
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision to dismiss counterclaims in a mortgage foreclosure action. The case involves Axos Bank and Michael Gangi Plumbing & Heating Contractors, Inc., among other defendants, concerning two mortgages.
Harrington v. Ortolani - Defamation Case Opinion
The Appellate Division of the Supreme Court of the State of New York issued an opinion in Harrington v. Ortolani. The court affirmed in part and reversed in part a lower court's order regarding a defamation action between condominium unit owners.
People v. Harris - Appellate Division Opinion
The Appellate Division of the Supreme Court of the State of New York modified a judgment against Wayne Harris by vacating the imposition of a mandatory surcharge and fees. This modification was based on the defendant being under 21 at the time of the crime, as permitted by Criminal Procedure Law ยง 420.35(2-a).
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.
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.
Matter of Any Vanessa M. - Juvenile Delinquency Proceeding
The Appellate Division of the Supreme Court of New York modified an amended order of disposition in a juvenile delinquency proceeding. The court adjusted the credit for time spent in detention, extending it from May 24, 2024, to April 15, 2019, for a total placement period of three years.
Motor Finance Compensation Scheme Implementation Period
The FCA has announced that a proposed motor finance compensation scheme will include an implementation period of 3 to 5 months. This aims to streamline the process for consumers to receive compensation and for firms to manage claims, with millions expected to receive payouts in 2026.
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