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   State Courts - New York - January 26, 2006

  
Matter of Viele v. Commissioner of Labor, 98836, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Substantial evidence supported the New York Unemployment Insurance Appeal Board's finding that a claimant left her job for personal and noncompelling reasons; although the claimant stated that the employer would not accommodate her desire to work a different shift, she did not voice her concerns to management until after she quit her job.

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Matter of Wood v. Dennison, 98677, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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McNear v. Selsky, 97786, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: An inmate was properly found guilty of violating prison disciplinary rules, as a misbehavior report written by the correction officer who witnessed an incident with the inmate and another inmate was sufficient, by itself, to constitute substantial evidence supporting the determination of guilt.

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Pagillo v. City of Oneonta, 97820, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Parrilla v. Donelli, 97955, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: An inmate's grievance concerning the use of the same room for Christian and Jewish religious services was found to be moot after the inmate was transferred to another facility, where he attended Jewish services in a general purpose room that contained no permanent religious icons.

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People ex rel. Falcon v. Warden of Rikers Is. Correctional Facility, 51972/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided
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People v. Blair, 14964, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: As defendant's abduction of a victim was both minimal and part of assault and attempted murder, the merger doctrine applied and necessitated reversal of defendant's conviction of the crime of attempted kidnapping in the second degree. Defendant could not show that he was prejudiced by the failure to record a sidebar conference.

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People v. Butler, 7697 Ind. 6133/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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People v. Cross, 15777, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Although evidence sufficiently supported jury's verdict finding defendant guilty of criminal possession of a controlled substance in third degree, N.Y. Penal Law § 220.16, and criminal possession of a controlled substance in fourth degree, N.Y. Penal Law § 220.09, Sandoval violation required that he be retried on those offenses.

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People v. De La Cruz, 1311/89, SUPREME COURT OF NEW YORK, BRONX COUNTY, January 26, 2006, Decided
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