Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025) Case: People v. Emanuel, 2025 NY Slip Op 04354...
Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York Introduction In People v. Brown (2025 NY...
Parsons v. County of Steuben: Ladder Removal Held Outside Labor Law § 240(1) Where Securing Would Contradict the Work Plan; Slippery Crushed‑Gravel Pad Recognized as an Enumerated Work Surface Under...
Apparent Authority as a Dual Gateway: Fraud Pleading and CPLR 302 Jurisdiction; Six‑Year Cutoff for Serial Misrepresentations; Strict Propensity Notice for Negligent Supervision Introduction In...
Preserving CPL 30.30 Claims Despite Withdrawal of a Renewal Motion: The Fourth Department’s Clarification in People v. Banks Introduction In People v. Banks, 2025 NY Slip Op 04346 (App Div 4th Dept...
Emergency Doctrine and Sudden Non‑Vehicular Highway Obstructions: Rear‑End Presumption Rebuttal, Police‑Report Hearsay, and Abandonment Clarified in Gallt v. Nelk (2025) Introduction In Gallt v....
Precision in Damages and a New Lens on Merchant Cash Advances: Bridge Funding Cap LLC v. SimonExpress Pizza, LLC (AD4th 2025) Introduction In Bridge Funding Cap LLC v. SimonExpress Pizza, LLC (2025...
Rule of Completeness Can Permit Testimonial Hearsay to Correct Defense Misrepresentation; Security-Guard 911 Calls Are Non-Anonymous for Reasonable Suspicion Introduction In People v. Peterson (2025...
Fourth Department Recognizes Nonwaivable Appellate Authority to Reduce Sentences in the Interest of Justice, Even After a Valid Appeal Waiver — People v. Hannah T. (2025) Introduction In People v....
“Same-Gun Nexus” as Significant Common Evidence: People v. Spinks Clarifies Joinder Under CPL 200.20(2)(b) and (c) Introduction People v. Spinks (2025 NY Slip Op 04303) arises from two violent...
Flight After a Level‑Two Inquiry in a “Shots‑Fired” Investigation Can Ripen Founded Suspicion into Reasonable Suspicion; Consent‑to‑Frisk Requests Permissible at Level Two — Commentary on People v....
No Attenuation Without Preservation: Fourth Department Suppresses Station-House Statements After Unlawful Handcuffing During Traffic Stop Introduction In People v. Hernandez (2025 NY Slip Op 04315),...
Patterson v. Meta: No Products‑Liability Workaround to Section 230; Algorithmic Recommendation Is a Protected Editorial Function (and Alternatively First‑Amendment‑Protected) Introduction This...
Fourth Department Clarifies PLCAA Boundaries: Aftermarket Magazine Locks Are “Component Parts,” But New York’s Deceptive Marketing Statutes (GBL §§ 349–350) And Aiding-and-Abetting SAFE Act...
GML §239-m Referral as a Non-Waivable Jurisdictional Prerequisite for Non-Exempt Area Variances: Filing Does Not Trigger Limitations; ZBA Approval Is Null and Void Introduction Matter of Johnson v....
Heinrich v. Serens: Clarifying Missing‑Witness Burdens and the Scope of Pleaded Negligence in Multi‑Provider Medical Malpractice Trials Introduction In Heinrich v. Serens (2025 NY Slip Op 04318), the...
Limiting Labor Law § 200 to “Construction-Site” Context and Enforcing Broad Tenant Indemnity: Curran v. JJML, Inc. (4th Dep’t 2025) Introduction In Curran v. JJML, Inc. (2025 NY Slip Op 04356), the...
McGuire: Surrogate’s Courts May Compel Sibling DNA Testing to Establish Nonmarital Parentage Even in Testate Estates Introduction This commentary analyzes the Appellate Division, Fourth Department’s...
Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025) Introduction People v. Davis (2025 NY Slip Op 04300) is a Fourth...
A Roof Is Not the Home: Public Exposure Defines “Outside the Home” under Penal Law § 265.03(3) and Limits on Miranda in On‑Scene Questioning Commentary on People v. Casiano, 2025 NY Slip Op 04316...