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State Courts -
New York - January 5, 2006
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People v. Passino, 14861, 15637,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Kidnapping in second degree under N.Y. Penal Law § 135.20 and rape in first degree under N.Y. Penal Law § 130.35 were not to be merged because defendant's acts constituting kidnapping, forcibly getting victim into his van, refusing to let her out, and driving her to a secluded place, were separable from those actually associated with the rape.
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People v. Pitman, 7510-7510A, Ind. 4817/02, 7799/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Reyes, 14429,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Defendant was not entitled to a reduction of her sentence of five years to life on a conviction of criminal possession of a controlled substance in the second degree as no sentencing promise was made in her plea agreement and she possessed a significant amount of drugs, operated well-organized distribution network, and exposed her child to danger.
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People v. Speller, 7485,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Thomas, 7491,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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People v. Valderama, 15269,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: Defendant's conviction of criminal sale of a controlled substance in the third degree was affirmed, as the conviction was supported by legally sufficient evidence and was not against the weight of the evidence, as a police officer saw defendant sell an informant a bag which was determined by testing to contain cocaine.
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Ponterio v. Kaye, 98597,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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Overview: A retired judge's employment discrimination claim under N.Y. Exec. Law § 296 was properly dismissed because he failed to demonstrate any adverse employment action under § 296(1)(a) as his reassignment did not involve a demotion or a decrease in salary among other things.
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Rabouin v. Metropolitan Life Ins. Co., 6416,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 5, 2006, Decided , January 5, 2006, Entered
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