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State Courts -
New York - January 31, 2006
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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. 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. 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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