Search for: "State v. Fahey" Results 21 - 40 of 67
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8 Apr 2015, 7:08 pm by Brian Shiffrin
by James Eckert, Monroe County Assistant Public DefenderThe Court of Appeals, Fahey, J. writing for the court, held: "as a matter of state evidentiary law, that evidence of a defendant's selective silence generally may not be used by the People as part of their case-in-chief, either to allow the jury to infer the defendant's admission of guilt or to impeach the credibility of the defendant's version of events when the defendant has not testified. [read post]
20 Feb 2018, 11:33 am by Sullivan & Galleshaw, LLP
On Tuesday, February 20, 2018, the New York State Court of Appeals ruled in a 6-0 judge opinion in Heeran v. [read post]
25 Nov 2020, 11:36 am by Nancy E. Halpern, D.V.M.
v=C_ICw9DZlIw, a member of the Project stated that, if this appeal were denied, they would appeal to the Court of Appeals where they believe Judge Fahey is aligned with the Project’s position. [read post]
24 Sep 2008, 9:56 pm
The dissenting Justices, in an opinion by Justice Fahey, strongly disagreed that the trial judge's reasoning constituted an individualized determination:In this case, the court set forth on the record three reasons for the use of the stun belt. [read post]
30 Sep 2019, 4:05 am by Franklin C. McRoberts
Serendipitously, twelve years later, Justice Fahey authored New York’s most important partnership law ruling in years, the Court of Appeals’ decision shifting from from a statutory to contract-based approach to “wrongful” partner withdrawal in Congel v Malfitano, 31 NY3d 272 [2018]. [read post]
14 Sep 2020, 6:13 am by New York Civil Law
The hospital in Barry v Lee allowed for the use of tPA, and there was an inference from defendant Dr. [read post]
15 Apr 2015, 11:19 am by Stephen Bilkis
95 N.Y.2d 368 740 N.E.2d 1075 718 N.Y.S.2d 1 THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. [read post]
25 Feb 2016, 7:37 am by Neil Burns
The debtor argued that his late filed tax returns were not a tax returns but “equivalent reports” (because late filed returns are not dischargeable in Massachusetts under Fahey v. [read post]
25 Feb 2016, 7:37 am by Neil Burns
The debtor argued that his late filed tax returns were not a tax returns but “equivalent reports” (because late filed returns are not dischargeable in Massachusetts under Fahey v. [read post]
24 Jan 2011, 8:54 pm
Last week, the New York Court of Appeals rejected a request for discretionary review in People v. [read post]