People v. Viviani

March 30, 2021, 7:35 am

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The Court of Appeals held that the provisions of Executive Law 552, which created a special prosecutor appointed by the Governor empowered to investigate and prosecute crimes of abuse or neglect of vulnerable victims in facilities operated, licensed, or certified by the State, was unconstitutional. Acting pursuant to this statutory authority, the special prosecutor obtained indictments against the three defendants in these appeals. Each defendant moved to dismiss the indictment, arguing that section 552 was facially unconstitutional because it is an impermissible attempt to delegate prosecutorial authority to an unelected official from the justice center. The trial court dismissed the indictment in each case. The Appellate Division affirmed, concluding that the Legislature may not grant the special prosecutor independent concurrent authority with district attorneys to prosecute the crimes at issue. The Court of Appeals affirmed, holding that the relevant portions of the Protection of People with Special Needs Act granting the special prosecutor concurrent prosecutorial authority with the District Attorneys are unconstitutional. View "People v. Viviani" on Justia Law

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Protect the Adirondacks! Inc. v. New York State Department of Environmental Conservation

May 4, 2021, 6:39 am

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The Court of Appeals held that the construction of approximately twenty-seven miles of Class II community connector trails designed for snowmobile use in the Forest Preserve violated the "forever wild" provision of N.Y. Const. art. XIV, 1 and, therefore, could not be accomplished other than by constitutional amendment. The Forest Preserve is located within the Adirondack Park. In 2006, the Department of Environmental Conservation and the New York State Office of Parks, Recreation and Historic Preservation prepared a plan with the goal of creating a system of snowmobile trails between communities in the Adirondack Park. Plaintiff commenced this action alleging that construction of the trails violated article XIV, 1 of the New York Constitution. Supreme Court held that the construction was constitutional. The Appellate Division reversed. The Court of Appeals affirmed, holding that the planned Class II trails were constitutionally forbidden. View "Protect the Adirondacks! Inc. v. New York State Department of Environmental Conservation" on Justia Law

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People v. Schneider

June 3, 2021, 7:04 am

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The Court of Appeals affirmed the order of the Appellate Division affirming the judgment of the suppression court denying Defendant's motion to suppress certain eavesdropping evidence, holding that eavesdropping warrants are executed in the geographical jurisdiction where the communications are intentionally intercepted by authorized law enforcement officers within the meaning of N.Y. Crim. Proc. Law 700. At issue was whether a Kings County Supreme Court justice had jurisdiction to issue eavesdropping warrants for Defendant's cell phones for the purpose of gathering evidence in an investigation of enterprise corruption and gambling offenses in Kings County. The cell phones were not physically present in New York. The suppression court denied Defendant's motion to suppress, concluding that since the crimes were allegedly committed in Kings County, the county had jurisdiction to prosecute the crimes and there was a sufficient nexus of the issuance of the eavesdropping warrants in that county. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the Kings County Supreme Court Justice presiding in the jurisdiction where Defendant's communications were overheard and accessed and therefore intercepted by authorized law enforcement agents had the authority to issue the warrants. View "People v. Schneider" on Justia Law

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People v. Gaworecki

October 7, 2021, 7:35 am

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The Court of Appeals reversed the order of the Appellate Division and remanded with directions to grant Defendant's motion to dismiss the indictment against him insofar as it sought to dismiss the count in the indictment charging manslaughter in the second degree, holding that this count required dismissal. Defendant was indicted on charges of manslaughter in the second degree, criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and criminal possession of a hypodermic instrument. Defendant filed a motion to dismiss the indictment on grounds that the evidence presented to the jury was legally insufficient. County Court granted the motion in part and dismissed the charge of manslaughter in the second degree. The Appellate Division reversed and denied Defendant's motion in its entirety. The Court of Appeals reversed, holding that the evidence presented to the grand jury was legally insufficient to establish the requisite mens rea for second-degree manslaughter or the lesser included offense of criminally negligent homicide. View "People v. Gaworecki" on Justia Law

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Aybar v. Aybar

October 7, 2021, 7:35 am

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The Court of Appeals affirmed the order of the appellate division reversing the orders of Supreme Court denying Defendants' motions to dismiss the complaint against them pursuant to N.Y. C.P.L.R. 3211(a)(8) on the ground that New York courts lacked personal jurisdiction, holding that that New York courts lacked personal jurisdiction over Defendants. At issue was whether a foreign corporation consents to the exercise of general jurisdiction by New York courts by registering to do business in the state and designating a local agent for service of process. Plaintiffs were the estates of three passengers who died in and the surviving passengers of an accident caused by a New York resident, who was operating a Ford Explorer on an interstate highway in Virginia and the vehicle's Goodyear tire allegedly failed. Ford and Goodyear moved to dismiss the complaint against them under section 3211(a)(8). Supreme Court denied the motions. The appellate division reversed, concluding that a corporation's compliance with the existing business registration statutes does not by itself constitute consent to the general jurisdiction of New York courts. The Court of Appeals affirmed, holding that Defendants' motions to dismiss were properly granted. View "Aybar v. Aybar" on Justia Law

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People v. Torres

October 12, 2021, 7:35 am

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The Court of Appeals affirmed the judgments of the trial courts in these two cases convicting Defendants of violating Administrative Code of the City of New York 19-190, known as the "Right of Way Law," holding that the statute is not unconstitutional. The Right of Way Law makes it a misdemeanor for a driver, while failing to exercise due care, to make contact with a pedestrian or bicyclist who has the right of way and thereby cause physical injury. Both defendants in these cases were charged with violating the Right of Way Law, a misdemeanor. Defendants argued that the law's ordinary negligence mens rea violated due process because the standard was impermissibly vague and legally insufficient. Defendants also made two preemption arguments. Both defendants were convicted. The Court of Appeals affirmed, holding that the Right of Way Law does not violate due process and is not preempted by state law. View "People v. Torres" on Justia Law

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People v. Shanks

October 12, 2021, 7:35 am

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The Court of Appeals reversed the order of the appellate division affirming Defendant's conviction of grand larceny in the third degree, holding that Defendant neither forfeited his right to counsel nor validly waived his right to appeal. After several of Defendant's attorneys withdrew from representing Defendant, Defendant was forced to represent himself. The jury found Defendant guilty as charged. At sentencing, pursuant to an agreement, Defendant signed a written waiver of his right to appeal in exchange for a recommendation of time served. County Court sentenced Defendant to time served. On appeal, Defendant argued that the appeal waiver was invalid and that his Sixth Amendment right to counsel had been violated. The appellate division affirmed. The Court of Appeals reversed and ordered a new trial, holding (1) the lower courts erred in determining that Defendant's conduct with assigned counsel was so egregious as to constitute forfeiture of the right to counsel; and (2) Defendant's appeal waiver was invalid. View "People v. Shanks" on Justia Law

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People v. Wortham

November 23, 2021, 7:37 am

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The Court of Appeals reversed Defendant's conviction on several counts related to the possession of firearms and controlled substances, holding that reversal was required because no Frye hearing was held on the admissibility of statistical evidence generated by the forensic statistical tool (FST) developed by the New York City Office of Chief Medical Examiner, where it was alleged that Defendant was a contributor to a multiple-source DNA profile. On appeal, Defendant argued, among other things, that his motion to suppress should have been granted because the "pedigree exception" to the Miranda requirement did not apply under the facts of his case. The Court of Appeals reversed, holding (1) a police officer's question to Defendant regarding where he lived fell within the pedigree exception to Miranda, and therefore, Defendant's suppression motion was properly denied; and (2) the trial court abused its discretion when it denied Defendant's motion for a Frye hearing with respect to the admissibility of the evidence derived from the FST on the multiple-source DNA sample. View "People v. Wortham" on Justia Law

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People v. Burgos

March 17, 2022, 8:06 am

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The Court of Appeals affirmed Defendant's conviction of four counts of assault in the first degree for his participation in an attack involving two victims, holding that Defendant's allegations of error were unavailing. On appeal, the appellate division considered together Defendant's direct appeal from the judgment and his appeal by permission from Supreme Court's order denying his motion to vacate the judgment. The appellate division denied all relief, concluding that Defendant failed to show that he was denied the effective assistance of counsel. On appeal, Defendant argued that his retained attorney's suspension from practice by the United States Court of Appeals, Second Circuit rendered the attorney "constructively suspended" from the practice of law in New York and that, alternatively, his attorney's failure to inform him of of the suspension and pending reciprocal disciplinary proceedings in New York deprived him of his constitutionally-protected right to choice of counsel. The Court of Appeals affirmed, holding that Defendant was not deprived of the attorney of his choice solely due to the imposition of foreign discipline. View "People v. Burgos" on Justia Law

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White v. Cuomo

March 22, 2022, 7:35 am

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The Court of Appeals reversed the decision of the appellate division modifying and affirming the judgment of Supreme Court declaring that article 14 of the Racing, Pari-Mutuel Wagering and breeding Law violates the constitutional prohibition on gambling to the extent it authorizes interactive fantasy sport (IFS) contests, holding that Plaintiffs did not meet their burden to demonstrate beyond a reasonable doubt that article 14 is unconstitutional. In 2016, the legislature enacted article 14, which authorizes and regulates IFS contests, upon determining that IFS contests are not unconstitutional gambling activities because they are skill-based competitions in which contestants have some influence over the outcome of the fantasy contests. At issue was whether the legislature properly determined that IFS contests authorized in article 14 are not unconstitutional. The Court of Appeals held that the legislature's conclusion that IFS contests are not "gambling" is consistent with precedent delineating the parameters of that term. View "White v. Cuomo" on Justia Law

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