First Department affirms dismissal of sidewalk-barricade injury claim against both City and Radio City, holding police crowd control is a discretionary governmental function and abutting property owner did not own or control the barricade.
First Department affirms denial of motion to compel appraisal process, holding LLC agreement’s dispute resolution mechanism applies only to FMV Multiple calculations, not EBITDA determinations.
First Department affirms summary judgment for City in police pursuit case, holding VTL Section 1104 emergency operation defense applies even without lights and sirens, and plaintiff who could have stopped cannot establish proximate cause.
First Department affirms denial of motion to vacate settlement stipulation, finding counsel-of-record had apparent authority to settle and plaintiff’s four-month delay constituted implicit ratification.
The Fourth Department affirms the defendant’s guilty plea conviction for criminal weapon possession, finding a valid waiver of the right to appeal.
The Fourth Department holds the case and remits to County Court for further proceedings after the defendant’s jury conviction for menacing a police officer and weapon possession.
The Fourth Department affirms the denial of the defendant’s motion to withdraw his guilty plea for first-degree robbery.
The Fourth Department holds the case, reserves decision, and remits to Erie County Court for further proceedings to address sentencing compliance issues in a weapon possession case.
The Fourth Department affirms the defendant’s conviction upon a guilty plea for attempted rape in the first degree, addressing challenges to the plea and sentence in multiple appeal numbers.
The Fourth Department reverses the defendant’s conviction for burglary in the first degree, vacates the guilty plea, and remits for further proceedings, finding deficiencies in the plea.
The Fourth Department dismisses the defendant’s appeal from the sentence imposed upon conviction for criminal sale of a controlled substance and affirms the judgment.
The Fourth Department affirms the defendant’s guilty plea conviction for making terroristic threats, criminal contempt, witness tampering, and aggravated harassment.
The Fourth Department affirms the defendant’s jury conviction for rape in the first degree and assault in the second degree, addressing challenges to the evidence and trial proceedings.
The Fourth Department affirms a judgment revoking the defendant’s probation and imposing a sentence of incarceration, rejecting challenges to the revocation proceedings.
The Fourth Department affirms a second-degree murder conviction upon a jury verdict in consolidated appeals, conducting a comprehensive review of constitutional, evidentiary, and procedural claims.
The Fourth Department affirms the defendant’s jury conviction on six counts of predatory sexual assault against a child, addressing evidentiary challenges and the sufficiency of proof.
The Fourth Department affirms the defendant’s conviction upon a guilty plea for criminal possession of a weapon and attempted assault in the first degree.
The Fourth Department modifies the judgment of conviction for attempted aggravated murder of a police officer by reducing the sentence as a matter of discretion in the interest of justice.
The Fourth Department modifies the judgment in a double manslaughter case by vacating the sentence and remitting for resentencing, while affirming the conviction.
The Fourth Department affirms a weapon possession conviction and directs Supreme Court to redact the defendant’s presentence report to remove improperly included information.
The Fourth Department affirms the defendant’s guilty plea conviction for aggravated family offense, rejecting the claim that the plea was involuntarily entered based on statements made at sentencing.
The Fourth Department affirms the defendant’s jury conviction for attempted assault in the first degree, assault in the second degree, and weapon possession, addressing evidence sufficiency and trial court rulings.
The Fourth Department affirms the defendant’s jury conviction for two counts of offering a false instrument for filing in the first degree, addressing evidentiary and procedural challenges.
The Fourth Department affirms the defendant’s jury conviction for second-degree murder, first-degree robbery, and weapon possession, addressing challenges to the sufficiency and weight of evidence and various trial rulings.