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NYSBA CasePrepPlus Newsletter 1.19.24: Chief Judge Rowan Wilson Laments How the Criminal Justice System Can Turn “Minor Antisocial Behavior” Into Needless Criminal ConvictionsThe most interesting case coming out of New York’s appellate courts doesn’t involve a legal issue at all.  Rather, it’s New York Court of Appeals Chief Judge Rowan Wilson’s concurrence in a criminal case about how the criminal justice system should be flexible to address the mental [...]

Governor Hochul’s proposed executive budget for fiscal year 2025 (the “Budget”), released on January 16, 2024, includes a number of provisions which, while falling short of proposing sweeping change, should nonetheless have positive impacts on the liquor licensing and permitting process within the state. In 2022, the Commission to Reform the Alcoholic Beverage Control Law (the “Commission”) was formed to vote on whether to recommend changes to state laws to [...]

Happy New Year!  Let’s take a look what has been happening in New York’s appellate courts over the past week. Court of AppealsPeople v Butler, 2023 NY Slip Op 06468 (Ct App Dec. 19, 2023)Criminal Law Issue: Does the use of a canine to detect the scent of illegal drugs concealed on a person’s body qualify as a search within the meaning of the Fourth Amendment to the U.S. Constitution?Facts: After observing the defendant make what they believed was a hand-to-hand drug [...]

The rapid growth in e-commerce has transformed global trade and brought producers and consumers closer together than ever before. The e-commerce revolution, accelerated by the COVID pandemic, resulted in the need for society to develop additional infrastructure to get packages to consumers more quickly and more efficiently. It has transformed the way people live, work and shop in the 21st century. Our lawyers are on the front lines of this global revolution. Our extensive experience in [...]

Must a Criminal Defendant Preserve a Second Amendment Challenge to a Firearm Conviction that Occurred Before the US Supreme Court Declared New York’s Gun Laws Unconstitutional?The Court of Appeals was busy the week right before Thanksgiving, so we’ll focus this week on those decisions.  The Court addressed notice of assignments of insurance policies, who can be held liable for failing to withhold and pay a business’s taxes, whether collective bargaining is required before [...]