People v. Merino — False deed may be void without a forged signature
The Second Department held that CPL 420.45 may render a fraudulent deed void from inception after a false-filing conviction even when no signature was forged.
Uncategorized
Criminal
Uncategorized
People ex rel. Liles v. Richards — Bail release pauses the 90-day custody clock
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.
Uncategorized
Cohen v. A 2019 Nissan — Suffolk vehicle-forfeiture law survives constitutional challenge
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.
Uncategorized
People v. Lee — 81-mph residential crash supports homicide charge
A divided Second Department restored a criminally negligent homicide count based on an 81-mph fatal crash in a 30-mph residential zone.
Uncategorized
People v. Allen — Court may reopen a SORA hearing to correct its own risk assessment
The Second Department held that a court may reopen a SORA hearing before final disposition to correct its risk calculation, provided the offender had notice and a meaningful opportunity to respond.
Uncategorized
People v. Williams — Conviction Reversed: Trial Court Improperly Short-Circuited Batson Step 3
Conviction reversed and new trial ordered: trial court required the People to give race-neutral reasons for peremptory challenges — implicitly finding a prima facie Batson case — then erroneously denied the challenge at step 1 without proceeding to pretext analysis at step 3.
Uncategorized
People v. Raly — Court Dismisses Homicide-Related Indictment Over DA’s Deficient Certificate of Compliance
Appellate Division affirms dismissal of weapons indictment after finding the DA’s Certificate of Compliance was invalid — failure to disclose police memo books and property vouchers constituted a lack of due diligence under CPL 245, triggering a speedy-trial violation under CPL 30.30.