The First Department removed gang, substance-use, and psychiatric probation conditions that had no evidentiary relationship to the defendant’s offense or rehabilitation.
After a second remand, the First Department held Bergdorf Goodman security remained private despite using NYPD forms, calling 911, and transferring a suspect to police.
The First Department exercised interest-of-justice discretion to send a 17-year-old’s weapon case to Family Court because prosecutors had not shown extraordinary circumstances overcoming Raise the Age’s removal presumption.
The First Department held that calculating incarceration tolling for predicate-felony status is ministerial and does not require a jury under Erlinger.
The First Department ordered a second resentencing because the judge denying youthful-offender treatment appeared unfamiliar with the defendant’s actual offense and personal circumstances.
The First Department reinstated an indictment after recalculating the CPL 30.30 clock at 97 days, excluding codefendant motion practice, reasonable preparation time, and defense-caused delay.