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 held that Erlinger does not require juries to calculate incarceration periods used in New York persistent-violent-felony sentencing.
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 First Department held that calculating incarceration tolling for predicate-felony status is ministerial and does not require a jury under Erlinger.
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.