The Third Department held that a without-prejudice dismissal at the first stage of a Domestic Violence Survivors Justice Act resentencing request is not appealable.
The First Department exercised interest-of-justice discretion to send a 17-year-old’s weapon case to Family Court because prosecutors had not shown extraordinary circumstances overcoming Raise the Age’s removal presumption.
The Second Department held that release on bail pauses CPL 30.30(2)(a)’s 90-day custody clock and that later recommitment resumes, rather than resets, the count.
The Second Department upheld Suffolk County’s DWI vehicle-forfeiture law and found forfeiture of a $21,000 Nissan proportionate to a repeat felony DWI involving extreme speeding.
The Third Department reinstated grandparent-visitation petitions and ordered immediate contact where Family Court failed to weigh each child’s best interests and less restrictive safeguards.
The Massachusetts SJC preserved an injunction against Quincy’s saint statues and reaffirmed the state-specific Article 3 framework for government religious displays.
The Supreme Court held that the pleaded facts were sufficient to proceed on a narrow constitutional theory: a school board may not be deliberately indifferent to extreme in-school conduct that deprives a student of equal access to a sound basic education. The Court also found immediate appellate jurisdiction based on the risk of inconsistent verdicts, reversed the contrary ruling, and remanded.