People v. Ayer (4th Dept 2026): Admission of a Knife During a De Bour Common-Law Inquiry Justifies a Protective Frisk; Consent Search and Conflict Waiver Principles Reaffirmed 1. Introduction In...
People v. Maull: Attorney-Client Call Intrusion Requires Vacatur Only Upon Proof of Investigative or Trial “Taint” 1. Introduction In People v Maull, 2026 NY Slip Op 02512 (App Div, 4th Dept Apr. 24,...
People v. Jaquan C.: Ineffective-Assistance Claims for Unrequested DVSJA Hearings Often Require CPL Article 440 Record Development 1. Introduction In People v Jaquan C. (Appellate Division, Fourth...
Court-Initiated Plea Appeal Waivers Are Unenforceable Absent a “Distinct and Proper” On-the-Record Justification Introduction In People v Turner (2026 NY Slip Op 02557), the Appellate Division,...
People v. Nixon (4th Dept 2026): Appeal Waivers Are Invalid When Required in a Court-Initiated Plea Without a Distinct, Proper, Record-Based Reason Court: Appellate Division, Fourth Department (New...
People v. Serrano (4th Dept 2026): Custody Alone Does Not Trigger Miranda—Hospital “Threshold Inquiry” Is Not Interrogation; Basic Video Enhancements Need No Expert Disclosure; CPL 330.30...
GBL § 771 Noncompliance Bars Severance-Based Recovery of Contractual Attorneys’ Fees and Default Interest in Home Improvement Disputes 1. Introduction In Amber Well Drilling, LLC v Reed (2026 NY Slip...
People v. Jones: Concurrent Sentences Required When the Predicate Felony for Felony Murder (or the Robbery Act Basis) Cannot Be Ascertained; Appellate Courts Must Correct Illegal Consecutive...
People v Sanchez: CPL 245.70 Protective Orders Allow Counsel-Only Confidential-Informant Disclosure and Interest-of-Justice Sentence Reduction for Disparate Co-Defendant Punishment 1. Introduction In...
Self-Created Shipping-Container Variance Requests: Deference to ZBA Balancing and Limits on Article 78 Transfer 1. Introduction Matter of Kotary v Town of Floyd Zoning Bd. of Appeals (2026 NY Slip Op...
People v. Bredt: Substitution-of-Counsel Inquiry Requires Specific, Serious Allegations; Plea-Advice Disagreement and Meritless Complaints Do Not Trigger Further Inquiry 1. Introduction Case: People...
Primary Assumption of Risk Does Not Bar Claims for Negligent Mounting Assistance that Unreasonably Enhances Horseback-Riding Risks Case: Small v. Riding High Dude Ranch, Inc., 2026 NY Slip Op 02489...
UCCJEA Modification Bar in New York: Foreign State Must Cede Jurisdiction (or All Parties Leave), and Emergency Orders Require Interstate Communication and Time Limits 1. Introduction Matter of...
Seventh Amendment Not Incorporated; No New York Jury Right in EMT License Revocation Proceedings 1. Introduction In Ball v New York State Dept. of Health (2026 NY Slip Op 02494 [3d Dept 2026]), the...
People v. N.H.: DVSJA Penal Law § 60.12 Eligibility Hearings Cannot Be Waived as a Plea Condition Introduction In People v N.H. (2026 NY Slip Op 02437 [Apr. 23, 2026]), the New York Court of Appeals...
IME-3 Is Not an Absolute Prerequisite to Admissibility When IME-5 Plus Filed Instructions Substantially Comply with Workers’ Compensation Law § 137 Case: Matter of Martinez v. Sing Sing Corr....
People v. Burgess: Vacatur for Jurisdictionally Defective Misdemeanor Information Restores the Case to “Pre-Pleading Status,” Including Felony Counts Dismissed as Part of the Plea Bargain 1....
Substantial Compliance Under Workers’ Compensation Law § 137: IME Reports Not Precluded Where IME-5 and Examiner Instructions Were Filed Despite No IME-3 1. Introduction Matter of Ebanks v Sing Sing...
Graves Amendment Preempts New York’s “Primary-to-the-Renter” Mandate Under VTL § 370, But Not Its Minimum-Insurance Requirement I. Introduction Second Child v. Edge Auto, Inc. (2026 NY Slip Op 02436...
Watson v. Metropolitan Tr. Auth.: Pleading Disability Accommodation Under NYSHRL and Evidentiary Defeat of NYCHRL Claims at the Motion-to-Dismiss Stage Appellate Division, Second Department (Apr. 22,...