People v. Merino — False deed may be void without a forged signature
The Second Department held that CPL 420.45 may render a fraudulent deed void from inception after a false-filing conviction even when no signature was forged.
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Civil Procedure
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People ex rel. Liles v. Richards — Bail release pauses the 90-day custody clock
The Second Department held that release on bail pauses CPL 30.30(2)(a)’s 90-day custody clock and that later recommitment resumes, rather than resets, the count.
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Cohen v. A 2019 Nissan — Suffolk vehicle-forfeiture law survives constitutional challenge
The Second Department upheld Suffolk County’s DWI vehicle-forfeiture law and found forfeiture of a $21,000 Nissan proportionate to a repeat felony DWI involving extreme speeding.
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Matter of Rocah v. McCarthy — Writ of Prohibition Cannot Challenge Evidence Preclusion Under CPL 245.80
The Appellate Division, Second Department holds that CPLR Article 78 prohibition does not lie to challenge a criminal court’s evidence preclusion order under CPL 245.80(1)(a), even when the order would effectively prevent the prosecution from presenting its case.