Third Department affirms civil confinement under Mental Hygiene Law Article 10, joining the First and Fourth Departments in holding that due process does not require the ‘sexual motivation’ element of a pre-SOMTA offense to be proved beyond a reasonable doubt — clear and convincing evidence is constitutionally sufficient.
First Department affirms second violent felony offender sentence, holding defendant waived Erlinger challenge to tolling determination by declining to deny predicate felony statement allegations.
First Department strikes multiple boilerplate probation conditions as unrelated to rehabilitation of defendant convicted of biting an EMT, including gang, drug testing, and employment requirements.
The Second Department reversed dismissal of a robbery indictment, finding sufficient evidence of acting in concert where the defendant facilitated an armed robbery by driving accomplices and luring the victim.
The Second Department affirmed a level two SORA designation for possession of child sexual abuse images, finding the drug abuse risk factor was supported and a downward departure was not warranted.
The Second Department affirmed a murder conviction despite a Confrontation Clause violation in fingerprint evidence, finding the error harmless because the testifying detective independently reached the same conclusions.
The Second Department struck a probation condition requiring payment of a mandatory surcharge and fees, holding it was not reasonably related to the defendant’s rehabilitation.
The Second Department affirmed convictions for first-degree arson, conspiracy, and insurance fraud arising from a restaurant fire, finding sufficient evidence that the defendant’s wife was a non-participant present during the blaze.
The Second Department affirmed a weapon possession conviction, holding that the Bruen decision did not invalidate New York’s criminal possession of a weapon statutes and addressing Confrontation Clause and Sandoval issues.
The Second Department affirmed a second-degree murder conviction, finding that homicidal intent could be inferred from a close-range gunshot with the muzzle pointing toward the victim’s torso and vital organs.