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State Courts -
New York - January 11, 2007
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People v. Nesmith, 10046, Ind. 1669/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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People v. Odom, 16565,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: A conviction for two counts of a criminal sale of a controlled substance, in violation of Penal Law § 20.00 and Penal Law § 220.39, was supported by the weight and sufficiency of the evidence. The evidence showed that defendant met and accompanied a confidential informant, on two occasions, to buy crack cocaine from another individual.
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People v. Palmer, 15149,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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People v. Reid, 16604,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Defendant's conviction of possession of marijuana in the third degree was affirmed, and defense counsel's motion to be relieved of the assignment of representing defendant was granted, as there were no nonfrivolous issues to be raised on appeal.
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People v. Tomasky, 16562,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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People v. Wright, 10052, Ind. 1049/90, 1711/90,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Prestige Props. & Dev. Co. v. Montefiore Med. Ctr., 9548-9548A, Index 24427/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Landlord's claim that the tenant's insurer had a duty to defend the landlord in an underlying tort action should have been denied because the injury at issue occurred in the common area of the building, not on the demised premises, and there was no evidence that the accident was caused through any negligence of the tenant.
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Rancho Santa Fe Assn. v. Dolan-King, 9539, 9540, Index 20898/04, 24055/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided
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Overview: It was error for the lower court to deny a judgment creditor's motion for leave to amend and to enforce a judgment from California because jurisdiction was not at issue, and it was undisputed that the California judgment was enforceable. The lower court should have granted the renewal motion and deemed the judgment valid.
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