The First Department affirmed a $100-per-day contempt award after OMH left an incompetent defendant at Rikers for months beyond a court-ordered transfer deadline.
The Third Department held that a without-prejudice dismissal at the first stage of a Domestic Violence Survivors Justice Act resentencing request is not appealable.
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 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.
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.
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 Court of Appeals allowed review but rejected the merits challenges. Viewed in the State’s favor, the evidence supported the obstruction charges and the theory submitted to the jury. The indictments alleged facts supporting the essential elements. Under recent North Carolina Supreme Court precedent, an asserted omission concerning factual detail did not automatically create a jurisdictional defect; Lindsay also fa
The Third Department held that DOCCS must honor a sentencing judge’s shock-incarceration order when the same judge imposes a concurrent sentence for a non-disqualifying offense.
The Third Department reverses and holds that a police officer who suffered psychological trauma from a station-house shooting is a “crime victim” under New York’s Son of Sam Law without needing to show physical injury, broadly construing Executive Law § 632-a.
The Appellate Division, First Department reversed a dismissal and reinstated a class action challenging the NYPD’s practice of routinely handcuffing all arrestees during arraignment without judicial approval, finding the policy states a viable due process claim under the New York State Constitution.
The Second District affirmed the revocation of NGRI conditional release for a defendant who exhibited a pattern of treatment noncompliance and refusal to accept responsibility for underlying offenses.
The Second DCA affirmed a civil restitution lien of over $547,000 imposed on a prisoner’s civil rights settlement, holding that the sentencing court’s continuing jurisdiction under section 960.292(2) is not subject to the four-year statute of limitations.
The Fourth Department affirms a weapon possession conviction and directs Supreme Court to redact the defendant’s presentence report to remove improperly included information.
The Tenth District affirmed the constitutionality of R.C. 2923.13(A)(2) as applied to a defendant whose prior juvenile adjudication for felonious assault served as the predicate disability, finding historical support under the Bruen framework.
The First District affirmed a $387 restitution order in a criminal damaging case where the crime victim, invoking Marsy’s Law rights, challenged the amount but failed to file a trial transcript, requiring the court to presume regularity of the proceedings.
The Tenth District reversed a community-control sanction imposed on a defendant who vandalized the Brutus Buckeye statue, finding the trial court failed to hold the required violation hearings and denied the defendant his right to allocution.
The First District holds that a circuit court must grant a certificate of innocence when a petitioner has obtained postconviction relief on an actual-innocence claim and the State has dismissed all charges.