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  • Commentaries
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state Case Commentaries

Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025)

Erlinger Challenges Must Be Preserved, and Officer Responses to “What Are My Charges?” Are Not Interrogation: Commentary on People v. Emanuel (2025)

Date: Jul 26, 2025
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

Inferring Shared Intent in Unidentified‑Shooter Cases: People v. Brown (2025) Clarifies Accomplice Liability and Coconspirator Text Admissibility in New York

Date: Jul 26, 2025
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 § 241(6)

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 § 241(6)

Date: Jul 26, 2025
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...
“Same-Gun Nexus” as Significant Common Evidence: People v. Spinks Clarifies Joinder Under CPL 200.20(2)(b) and (c)

“Same-Gun Nexus” as Significant Common Evidence: People v. Spinks Clarifies Joinder Under CPL 200.20(2)(b) and (c)

Date: Jul 26, 2025
“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...

      Rule of Completeness Can Permit Testimonial Hearsay to Correct Defense Misrepresentation; Security-Guard 911 Calls Are Non-Anonymous for Reasonable Suspicion: Commentary on People v. Peterson (2025)

Rule of Completeness Can Permit Testimonial Hearsay to Correct Defense Misrepresentation; Security-Guard 911 Calls Are Non-Anonymous for Reasonable Suspicion: Commentary on People v. Peterson (2025)

Date: Jul 26, 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)

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)

Date: Jul 26, 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....
Preserving CPL 30.30 Claims Despite Withdrawal of a Renewal Motion: The Fourth Department’s Clarification in People v. Banks

Preserving CPL 30.30 Claims Despite Withdrawal of a Renewal Motion: The Fourth Department’s Clarification in People v. Banks

Date: Jul 26, 2025
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)

Emergency Doctrine and Sudden Non‑Vehicular Highway Obstructions: Rear‑End Presumption Rebuttal, Police‑Report Hearsay, and Abandonment Clarified in Gallt v. Nelk (2025)

Date: Jul 26, 2025
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)

Precision in Damages and a New Lens on Merchant Cash Advances: Bridge Funding Cap LLC v. SimonExpress Pizza, LLC (AD4th 2025)

Date: Jul 26, 2025
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...
Patterson v. Meta: No Products‑Liability Workaround to Section 230; Algorithmic Recommendation Is a Protected Editorial Function (and Alternatively First‑Amendment‑Protected)

Patterson v. Meta: No Products‑Liability Workaround to Section 230; Algorithmic Recommendation Is a Protected Editorial Function (and Alternatively First‑Amendment‑Protected)

Date: Jul 26, 2025
Patterson v. Meta: No Products‑Liability Workaround to Section 230; Algorithmic Recommendation Is a Protected Editorial Function (and Alternatively First‑Amendment‑Protected) Introduction This...
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. Smith (2025 NY Slip Op 04317)

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. Smith (2025 NY Slip Op 04317)

Date: Jul 26, 2025
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

No Attenuation Without Preservation: Fourth Department Suppresses Station-House Statements After Unlawful Handcuffing During Traffic Stop

Date: Jul 26, 2025
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),...
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 Violations Can Trigger the Predicate Exception

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 Violations Can Trigger the Predicate Exception

Date: Jul 26, 2025
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...
McGuire: Surrogate’s Courts May Compel Sibling DNA Testing to Establish Nonmarital Parentage Even in Testate Estates

McGuire: Surrogate’s Courts May Compel Sibling DNA Testing to Establish Nonmarital Parentage Even in Testate Estates

Date: Jul 26, 2025
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)

Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025)

Date: Jul 26, 2025
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...
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

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

Date: Jul 26, 2025
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

Heinrich v. Serens: Clarifying Missing‑Witness Burdens and the Scope of Pleaded Negligence in Multi‑Provider Medical Malpractice Trials

Date: Jul 26, 2025
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)

Limiting Labor Law § 200 to “Construction-Site” Context and Enforcing Broad Tenant Indemnity: Curran v. JJML, Inc. (4th Dep’t 2025)

Date: Jul 26, 2025
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...
Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311)

Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311)

Date: Jul 26, 2025
Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311) Introduction Owen v. Hurlbut is a...
Satisfying Nemeth in Friction-Product Asbestos Cases: Fourth Department Upholds Causation via Product-Specific Testing and Fiber‑Year Estimates

Satisfying Nemeth in Friction-Product Asbestos Cases: Fourth Department Upholds Causation via Product-Specific Testing and Fiber‑Year Estimates

Date: Jul 26, 2025
Satisfying Nemeth in Friction-Product Asbestos Cases: Fourth Department Upholds Causation via Product-Specific Testing and Fiber‑Year Estimates Introduction In Skrzynski v. Akebono Brake Corp. (2025...
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