Criminal Procedure

New York Civil Rights Class Actions Constitutional

Appellate Division, First Department

Uncategorized

Allen v. City of New York — First Department Reinstates Class Action Challenging NYPD’s Blanket Arraignment Handcuffing Policy

/ June 27, 2026

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.

New York Criminal Criminal Procedure Sentencing

Appellate Division, First Department

Uncategorized

People v. Narvaez — First Dept. Strikes Four Probation Conditions Including Surcharge on Indigent Defendant and Baseless Gang-Association Ban

/ June 25, 2026

The First Department modified a probation sentence, striking four conditions as not reasonably necessary under Penal Law § 65.10(1): a financial surcharge on an indigent defendant relying on public assistance, a dependent-support condition where the defendant had no dependents, an order-of-protection compliance condition with no supporting history, and a gang-paraphernalia ban with no evidence of any gang connection.