The Fourth Department vacated a 17-year-old’s drug plea because prosecutors used nonspecific, unsupported allegations rather than sworn personal-knowledge facts to establish extraordinary circumstances.
The Fourth Department held that a father’s child-sex-offense convictions collaterally estopped him from relitigating the same abuse issues in pending Family Court article 10 proceedings.
The Fourth Department held that police had probable cause to arrest a knife-brandishing bar patron even though later-reviewed video showed the off-duty officer complainant initiated the fight.
The Fourth Department dismissed a district attorney’s Article 78 petition seeking to overturn a court order barring re-presentment to a grand jury and denying unsealing under CPL 160.50(1), holding that unsealing applications are civil in nature and cannot be challenged via Article 78.