Is New York City preempted by state law from providing additional rental assistance? The First Department said it isn’t, and compelled the Mayor to take action to implement the City Council’s rental assistance amendments that he had previously refused to enforce. Let’s take a look at that opinion and what else has been happening in …
Fourth Department Holds That Police Compelling Defendant to Open His Cell Phone for Investigation Violates the Fifth Amendment Right Against Self-Incrimination (NYSBA CasePrepPlus)
Can a search warrant compel a criminal defendant to open his phone to let the police investigate its contents? The Fourth Department addressed that question recently, holding that the compelled opening of defendant’s cell phone violated his Fifth Amendment right against self-incrimination. Let’s take a look at that opinion and what else has been happening …
Court of Appeals Holds That Commissioner of Education Has Authority to Adopt Substantial Equivalency Regulations for Nonpublic Schools (NYSBA CasePrepPlus)
New York’s nonpublic schools must provide an education to their students that is substantially equivalent to that provided in public schools. What happens, however, if a parent chooses to send their children to a nonpublic school, and the school either cannot or chooses not to satisfy the Commissioner of Education’s substantial equivalency standards? The Court …
Court of Appeals Holds Trial Courts May Set Bail When Defendant is Charged Making a Terroristic Threat (NYSBA CasePrepPlus)
Is making a terroristic threat an offense for which a trial court may set bail, or is it excluded and the defendant must be released on his own recognizance? The Criminal Procedure Law says two contradictory things, so the Court of Appeals tackled the question this week, holding that the disjunctive language of the statute …
Is a Decedent’s Administrator Bound by the Decedent’s Arbitration Agreement in a Subsequent Wrongful Death Suit? (NYSBA CasePrepPlus)
Is a decedent’s administrator bound by the decedent’s arbitration agreement in a subsequent wrongful death suit? The Second Department addressed that question of first impression recently and held that it is not. Let’s take a look at that opinion and what else has been happening in New York’s appellate courts over the past week. Appellate …
Court of Appeals Explains When Propensity Evidence Can Be Used in a Criminal Trial (NYSBA CasePrepPlus)
The Court of Appeals recently explained when propensity evidence may be introduced in a criminal trial under People v Molineux if the defendant seeks to raise reasonable doubt only to his intent in committing the crime. Let’s take a look at that opinion and what else has been happening in New York’s appellate courts over …
New York Court of Appeals: Screenshot or It Didn’t Happen
When text messages are deleted and can't be retrieved from someone's phone, what's the best way to prove in court what the messages said? According to the New York Court of Appeals today in People v Rodriguez, screenshots of the text messages can be introduced into evidence when they are properly authenticated by someone with …
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Daily Fantasy Sports are Constitutional in New York!
After 5 years of litigation, and countless sleepless nights in DraftKings and FanDuel offices (I assume), the New York Court of Appeals today held that daily fantasy sports is constitutional. And, as I thought might have been the case, the deciding vote for DFS's constitutionality was cast not by a Judge of the Court of …
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New York Court of Appeals Holds that the Destruction of Timber to Create Snowmobile Trails in the Adirondacks Violates the Forever Wild Clause of the New York Constitution
In a huge win for the New York State Forest Preserve, and those like me who love it, the Court of Appeals this morning held that the State's destruction of thousands of trees to build 12-foot wide community connector snowmobile trails throughout the Adirondack Park violates the Forever Wild clause of the New York Constitution. …
Supreme Court Will Take Up Second Amendment Challenge to NY’s Gun Laws
For the first time in more than a decade, the Supreme Court will review a Second Amendment challenge to a state's gun laws, and this time New York's law is in the crosshairs. The Court on Monday granted certiorari in New York State Rifle & Pistol Association v. Corlett, in which the Second Circuit affirmed …
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New York Appeals 