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February 11,17, 2009.
CRIMINAL LAW & PROCEDURE, EVIDENCE People v. Williams, No. 22mem09 The order of the Appellate Division is affirmed where there is no legal reason to upset the court’s exercise of its discretion in allowing the prosecution to use prior convictions to impeach a defendant’s testimony.
CRIMINAL LAW & PROCEDURE, INTERNATIONAL LAW People v. Romeo, No. 7opn09 Reversal of a conviction for manslaughter is affirmed where the People’s lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant’s constitutional right to a speedy trial.
CRIMINAL LAW & PROCEDURE, SENTENCING People v. Taveras, No. 2opn09 Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a “material element” of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court’s imposition of consecutive sentences for these crimes was not in error.
CRIMINAL LAW & PROCEDURE People v. Rouse, No. 8mem09 Order of the Appellate Division is reversed and the indictment dismissed where the People did not satisfy their statutory readiness obligation. .
INSURANCE LAW In the Matter of the Ancillary Receivership of Reliance Ins. Co., No. ssm2ent09 In an insurance dispute, order of the Appellate Division is affirmed where the Appellate Division did not err in concluding that the insurance company could not rely on an August 1993 letter as the basis to avoid coverage under the claims-made policy.
CIVIL PROCEDURE, FAMILY LAW, GOVERNMENT BENEFITS, PROPERTY LAW & REAL ESTATE Brownley v. Doar, No. 5opn09 In a suit for monetary and injunctive relief that would prevent plaintiffs from being evicted from their homes, dismissal for lack of standing is affirmed where the adequacy requirement of Social Services Law section 350 does not apply to the Safety Net Assistance program.
CONSTITUTIONAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE In the Matter of Aspen Creek Estates, Ltd. v. Town of Brookhaven, No. 19mem09 The judgment of the Appellate Division is affirmed where the public benefits of the taking of land for farmland preservation in the case were not incidental or pretextual in comparison with benefits to particular, favored private entities
CRIMINAL LAW & PROCEDURE, EVIDENCE People v. Elysee, No. 6opn09 Conviction for manslaughter, assault and DUI is affirmed where: 1) even if blood samples given after an accident were privileged, under the facts and circumstances of this case the privilege was overcome when the police officers executed a court order to test the samples; and 2) the supreme court did not err by not charging criminally negligent homicide as a lesser included offense of second degree manslaughter since there was no reasonable view of the evidence which would support a finding that defendant committed the lesser offense of criminally negligent homicide.
CRIMINAL LAW & PROCEDURE, SENTENCING People v. Middleton, No. ssm50mem09 The order of the Appellate Division is affirmed without costs where defendant’s constitutional arguments are unpreserved and the record supports the determination of the courts below that defendant is a level 3 sex offender.
CRIMINAL LAW & PROCEDURE, SENTENCING People v. Jackson, No. 9-10-11opn09 Sentences for attempted kidnapping and unlawful imprisonment are affirmed where the State did not violate defendants’ constitutional rights by compelling them to register as “sex offenders,” even though there was no proof that their crimes involved any sexual act or sexual motive.