LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE
• People v. Antwine

CRIMINAL LAW & PROCEDURE, EVIDENCE
• People v. Nieves-Andino
• Polito v. Walsh

EDUCATION LAW, PER CURIAM
• County of Westchester v. Bd. of Trustees of S.U.N.Y.

GOVERNMENT BENEFITS, HEALTH LAW
• Estate of Tomeck

PER CURIAM, PROFESSIONAL MALPRACTICE
• Leder v. Spiegel

LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE
People v. Antwine, No. 104
Conviction and sentence for escape in the second degree are affirmed over claim that legally sufficient evidence did not exist to support defendant's conviction. Evidence showed that defendant physically removed restraints to free himself from the controls imposed by a police officer and ran away. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Nieves-Andino, No. 103
In case where statement of shooting victim who later died was admitted through testimony of police officer who heard the statement, conviction for second-degree murder is affirmed where, even though it was error to admit the victim's statements concerning defendant's identity, address and past conduct, there was no reasonable possibility that the error contributed to defendant's conviction. Read more...

CRIMINAL LAW & PROCEDURE
Polito v. Walsh, No. 90
Denial of petition challenging New York grand jury indictment for murder, issued after petitioners' federal murder in aid of racketeering conviction was reversed by a federal Court of Appeals, is affirmed as the state-court prosecution does not violate CPL 40.20 (1), one of New York's double jeopardy statutes. Read more...

EDUCATION LAW, PER CURIAM
County of Westchester v. Bd. of Trustees of S.U.N.Y., No. 98
In action seeking to annul certain amendments to regulations promulgated by respondent, order of Appellate Division is modified to declare that the regulations regarding a local sponsor's ability to approve the budget total of a community college are not at odds with Education Law section 6304. Read more...

GOVERNMENT BENEFITS, HEALTH LAW
Estate of Tomeck, No. 96
In action to recoup Medicaid payments and involving spousal impoverishment provisions of the Medicaid Act and its state counterpart, New York's income-first policy, which takes Social Security benefits into account, does not violate the federal anti-alienation provision. Read more...

PER CURIAM, PROFESSIONAL MALPRACTICE
Leder v. Spiegel, No. 91
In case involving will contest trial, award of legal fees to respondent attorney is affirmed over claims that respondent provided negligent representation as objectants' allegation regarding respondent's failure to anticipate the evidentiary rulings does not establish negligence. Read more...