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   State Courts - New York - January 17, 2006

  
People v. Rolle, 1999-03368, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Roper, 2004-01687, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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People v. Shervington, 2003-04041, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Those branches of defendant's omnibus motion which were to suppress physical evidence and showup identification evidence were properly denied. Officers' initial encounter with him was lawful in its inception, and his flight and the circumstances provided reasonable suspicion to justify pursuing him and detaining him for a showup identification.

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People v. Sherwood, 7601, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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People v. Stewartson, 2000-03599, Ind. No. 2979/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: Defendant's motion to suppress identification testimony was properly denied; defendant's argument that the lineup was unduly suggestive was rejected, as the lineup photograph did not reveal any significant differences in the appearances of the individuals that would cause defendant to stand out from the others.

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People v. Woolridge, 7588, Ind. 5285/97, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Rafaelova v. City of New York, 7589, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 17, 2006, Decided , January 17, 2006, Entered
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Richter v. Davidson & Cohen, P.C., 2004-05729, Index No. 10115/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: An order denying defendants' motion to dismiss in an action, inter alia, for legal malpractice, was affirmed, as the trial court correctly determined that the client was not collaterally estopped from raising the issue of whether defendants had actual authority to settle his underlying personal injury case.

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Rosenfeld v. Community School Dist. # 28, 2004-06452, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Seaman v. Wyckoff Hgts. Med. Ctr., Inc., 2005-03542, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 17, 2006, Decided
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Overview: In an action for violation of N.Y. Lab. Law § 740, trial court providently exercised its discretion in issuing a protective order pursuant to N.Y. C.P.L.R. 3103, and providently exercised its discretion in granting that branch of the corporation's oral application which was to impose sanctions under N.Y. Comp. Codes R. & Regs. tit. 22, § 130-1.1.

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