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23 Aug 2009, 7:35 am
When motion to dismiss is not sufficiently specific there is not a preserved issue of law before the appellate court (See People v Hawkins, 11 NY3d 484 [2008](discussed here).One would think that fourteen years later defense attorneys would be familiar with and comply with the requirement that there be a specific motion for a trial order of dismissal. [read post]
6 May 2011, 5:38 am by Ray Mullman
  See blog post from Newnan Pratlaw explaining the Stella Liebeck v. [read post]
11 Sep 2008, 12:15 pm
Gordon Smith viewed the case as a tempest in a teapot, with the court merely wanting "to see a more developed record. [read post]
7 Jul 2010, 1:10 pm
Remand is permissible, and no one (including the party opposing remand here) argues otherwise.But if Judge Gould means something more meaningful -- as in "we do not see how it can ever be wrong" to remand -- then I'll respectfully disagree. [read post]