People v. Allen — Prior-incarceration tolling needs no jury finding
The First Department held that calculating incarceration tolling for predicate-felony status is ministerial and does not require a jury under Erlinger.
Uncategorized
Constitutional
Uncategorized
Allen v. City of New York — First Department Reinstates Class Action Challenging NYPD’s Blanket Arraignment Handcuffing Policy
The Appellate Division, First Department reversed a dismissal and reinstated a class action challenging the NYPD’s practice of routinely handcuffing all arrestees during arraignment without judicial approval, finding the policy states a viable due process claim under the New York State Constitution.