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24 May 2015, 3:22 pm by Stephen Bilkis
Additionally, the factual portion and any accompanying depositions must provide reasonable cause to believe the defendant committed the offense charged, as well as nonhearsay factual allegations of an evidentiary character which, if true, establish every element of the offense charged and defendant's commission thereof (CPL 100.15[3] & 100.40[1]; see People v Dumas, 68 NY2d 729 [1986]; see also People v Alejandro, 70 NY2d 133 [1987]). [read post]
30 Apr 2018, 3:25 am by Peter Mahler
See Tzolis v Wolff, 10 NY3d 100, 108 (2008) (quoting Robinson v Smith, 3 Paige Ch. 222, 232–33 (NY Ch. 1832)). [read post]
15 Nov 2018, 10:30 pm by Public Employment Law Press
Local police officers in New York State require a warrant to arrest an immigrant solely to transfer custody to federal Immigration and Customs Enforcement authoritiesPeople ex rel. [read post]
14 Oct 2011, 4:24 am
City, 1 NY3d 280, 288-289; Delahaye v Saint Anns School, 40 AD3d 679, 682). [read post]
6 Mar 2018, 4:33 am by Andrew Lavoott Bluestone
On July 1, 2012, plaintiffs were involved in a motor vehicle accident involving the subject Explorer. [read post]
26 Jan 2012, 1:52 pm
First issue at hand: The victim concedes that the Court of Appeals recently has set the standard of proof of liability in injuries by domestic animals to proceed under strict liability based on the owner’s knowledge of the animal’s vicious propensities, “not on theories of common-law negligence” (Bard v Jahnke, 6 NY3d 592, 599 [2006], citing Collier v Zambito, 1 NY3d 444.) [read post]
28 Jan 2016, 2:02 am by Jeremy Saland
Even if you did not have the intent to sell those drugs (New York Penal Law 220.16(1) or New York Penal Law 220.06(1)) or actually sell the drugs (New York Penal Law 220.39(1) or New York Penal Law 220.31), possession for personal use is still a crime. [read post]
29 Apr 2023, 5:00 am by Public Employment Law Press
 The Division cross-petitioned to enforce its determinations and the amounts it had awarded Complainant for back pay, compensatory damages for mental anguish and the civil penalty it had assessed on Employer.The Appellate Division, "on the law and as a matter of discretion," reduced the amounts awarded Complainant by the Division for [1] back pay, [2] compensatory damages for mental anguish, [3] the civil penalty the Division had assessed on Employer and [4]… [read post]
29 Apr 2023, 5:00 am by Public Employment Law Press
 The Division cross-petitioned to enforce its determinations and the amounts it had awarded Complainant for back pay, compensatory damages for mental anguish and the civil penalty it had assessed on Employer.The Appellate Division, "on the law and as a matter of discretion," reduced the amounts awarded Complainant by the Division for [1] back pay, [2] compensatory damages for mental anguish, [3] the civil penalty the Division had assessed on Employer and [4]… [read post]
6 May 2025, 1:44 pm by Public Employment Law Press
The order, insofar as appealed from, (1) granted the separate motions of the defendants Fabricant, Lipman & Frishberg, PLLC, and Neal D. [read post]
6 May 2025, 1:44 pm by Public Employment Law Press
The order, insofar as appealed from, (1) granted the separate motions of the defendants Fabricant, Lipman & Frishberg, PLLC, and Neal D. [read post]