People v. Sabater — Judges may calculate incarceration tolling after Erlinger
The First Department held that Erlinger does not require juries to calculate incarceration periods used in New York persistent-violent-felony sentencing.
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Constitutional
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People v. G.O. — First Department upholds daily contempt damages for delayed psychiatric transfer
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.
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People v. Allen — Prior-incarceration tolling needs no jury finding
The First Department held that calculating incarceration tolling for predicate-felony status is ministerial and does not require a jury under Erlinger.
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Allen v. City of New York — First Department Reinstates Class Action Challenging NYPD’s Blanket Arraignment Handcuffing Policy
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.