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State Courts -
New York - January 4, 2007
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Miller v. County of Sullivan, 501008,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: An administrator of the decedent's estate was granted leave to serve a late notice of claim to the town pursuant to General Municipal Law § 50-e(5) because the town received actual notice of the law suit within the 90 day period after the administrator had been appointed and the town had not shown actual prejudice.
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Nichols v. Memorial Sloan-Kettering Cancer Ctr., 9970, Index 103149/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Employee's failure to accommodate claim was properly dismissed because at time she made her request for a reasonable accommodation, she was not suffering from "disability" under Executive Law § 292(21) as her cancer had been eradicated and she had ceased treatment 21 months before her request for a reduction in work hours.
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People v. Baker, 16426,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Appellate court rejected defendant's argument that his sentence for grand larceny in the third degree was improperly enhanced due to his failure to pay restitution because the terms of defendant's plea agreement included a lengthier sentence for failure to pay restitution and defendant entered a knowing, voluntary, and intelligent guilty plea.
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People v. Bassett, 16552,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant's conviction and sentence, entered pursuant to a plea agreement, was affirmed because defendant had not preserved for review his contention that the North Carolina conviction could not be considered a felony under Penal Law § 70.04 and defendant had not established that he received ineffective assistance of counsel.
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People v. Brinson, 9743,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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People v. Broadhead, 9935-9936, Ind. 4607/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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People v. Brown, 16177,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant's CPL 440.10 and CPL 440.30(1-a) motion for performance of DNA testing on hair collected from outside of victim's sweater was properly denied as it was not probable that he would have been acquitted even if DNA testing proved hair did not belong to him as he was convicted based on testimony of codefendant, victim, and two witnesses.
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People v. Caban, 9965, Ind. 1034/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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People v. DeJesus, 9976, Ind. 7145/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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