Blog

Can New York’s Extreme Risk Protection Order Statute, Which Temporarily Removes Guns from at Risk People, Survive a Second Amendment Challenge?The Court of Appeals this week concluded its opinions from the February argument session, but the most interesting cases, to me, came from the Second and Third Departments.  In the Second Department, the Court rejected a Second Amendment challenge to New York’s extreme risk protection order statute that authorizes the temporary removal of [...]

Taking Us Back to First Year Law School Contracts, the Second Department Answers Whether a contract Must have enumerated consideration to be valid?This week’s Newsletter is full of civil procedure questions for New York practice nerds like me. The First Department tackled forum non conveniens and the thorny pleading requirements necessary to establish the predicate sexual conduct for a Child Victims Act claim.  The Second Department took us back to our first year contracts class, with [...]

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 [...]

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 [...]

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 [...]