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   State Courts - New York - January 31, 2006

  
People v. Ortiz, 2004-01007, Ind. No. 5899/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Failure to turn over witness's statement was not Brady violation requiring reversal where statement was merely cumulative of other defense evidence; protective order imposed at sentencing should have been adjusted, under N.Y. Crim. Proc. Law § 530.13(4), to reflect defendant's jail-time credit.

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People v. Pagan, 2003-05017, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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People v. Sherman, 2003-05982, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: No appeal lay from the dismissal of an indictment as expressed in a "motion buck sheet" pursuant to N.Y. Crim. Proc. Law § 450.20(1-a); there was nothing in it which would indicate that it was intended to be a court order, and the notation on the motion buck sheet suggested that even the trial court did not consider it to be a court order.

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People v. Tyrell, 2209/04, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, January 31, 2006, Decided
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People v. Ulysse, 2003-03313, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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People v. Walker, 7710 Ind. 3507/01, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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Overview: Police had probable cause to arrest defendant based on inculpatory statements made to police by other participants in the criminal incidents that inculpated defendant as well as themselves.

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Perez v. City of New York, 2005-03250, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Perez v. Rodriguez, 6011, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 31, 2006, Decided , January 31, 2006, Entered
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Overview: Appellate court reversed the denial of a driver's summary judgment motion because the driver proved that plaintiff had not suffered a serious injury as defined by N.Y. Ins. Law § 5102(d) as plaintiff provided no objective evidence of an injury and could not explain the gap in treatment of three and one-half years following the accident.

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Pina v. Flik Intl. Corp., 2005-01804, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Ramos v. Castega-20 Vesey St., LLC, 2004-09276, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 31, 2006, Decided
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Overview: Because a stairway spill was virtually contemporaneous with a delivery man's fall and because he did not prove that a delicatessen's employee or agent negligently caused the delivery man's injuries, the trial court correctly granted the delicatessen's N.Y. C.P.L.R. § 4404(a) motion to set aside the verdict and for judgment as a matter of law.

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