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: New York Supreme Court Criminal Term LibraryNew York Law Journal: Decisions of Interest March 13, 2009
By David Badertscher, PLL
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U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
Consecutive Mandatory Minimum Sentencing For Drug Trafficking Crime With Gun Clarified
United States, appellee v. Leon Williams, defendant-appellant
NEW YORK COUNTY
Criminal Practice
Parole Board's Decision Not Found Arbitrary; Motion For Vacatur, De Novo Hearing Denied
Matter of Sagaria v. NYS Bd of Parole
NEW YORK COUNTY
Criminal Practice
Defendant Suffers From Mental Illness, Posed Danger to Self, Others; Secure Facility Needed
People v. Lonnie F.
QUEENS COUNTY
Family Law
Free With Registration: Husband Denied Motion to Transfer Title Of Ex-Marital Home Solely to Him as Receiver
Charles v. Charles
WESTCHESTER COUNTY
Civil Practice
Action Against Minor Vacated; Minor Served Without Second Service Upon Parent, Guardian
Wells Fargo Bank NA v. Riley
ROCKLAND COUNTY
Criminal Practice
Aggravating Factors Warranted Defendant's Upward Departure to A Level II Sex Offender
People v. David Cohen
CLINTON COUNTY
Family Law
New York Has Exclusive, Continuing Jurisdiction, Is Not an Inconvenient Forum; Dismissal Denied
Matter of Jamie "D" v. Traci "V"
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Evidence
Port Authority Police Denied Adverse Inference As Sanction for Evaluations Destroyed on 9/11
The Port Authority Police Asian Jade Society of New York & New Jersey v. The Port Authority of New York and New Jersey, Inc.
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Inmate Denied Appointed Counsel in FDCPA Suit Over Collection Notice Implying Prosecution
Ray v. Check Processing Bureau
U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Audubon Society Denied $150,000 Attachment; CPLR 6212(a)'s Third Requirement Not Satisfied
National Audubon Society Inc. v. Sonopia Corp.
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Alternative Dispute Resolution
Third-Party Contribution Action Is Governed By Insurance Policy Requiring Arbitration
Knickerbocker Dialysis Inc. v. TrueBlue Inc.
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Criminal Practice
State Prisoner in Visible Leg Irons Throughout Trial Is Granted §2254 Habeas Corpus Relief
Lewis v. Marshall
Full post as published by New York Supreme Court Criminal Term Library on March 13, 2009 (boomark / email).
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