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NYSBA CasePrepPlus Newsletter 1.19.24
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NYSBA CasePrepPlus Newsletter 1.19.24

Posted By: Robert Rosborough
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 [...]
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Practice Area(s):   Litigation and Appeals
Newsletter 1.5.24: Is the Use of a Police Dog to Sniff a Person for Concealed Drugs a Search under the Fourth Amendment?
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Newsletter 1.5.24: Is the Use of a Police Dog to Sniff a Person for Concealed Drugs a Search under the Fourth Amendment?

Posted By: Robert Rosborough
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 [...]
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Practice Area(s):   Litigation and Appeals
NYSBA CasePrepPlus Newsletter 12.8.23
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NYSBA CasePrepPlus Newsletter 12.8.23

Posted By: Robert Rosborough
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 [...]
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Practice Area(s):   Litigation and Appeals
NYSBA CasePrepPlus Newsletter 11.17.23: Can Plywood on a Bathtub Qualify as a Scaffold under Labor Law § 240?
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NYSBA CasePrepPlus Newsletter 11.17.23: Can Plywood on a Bathtub Qualify as a Scaffold under Labor Law § 240?

Posted By: Robert Rosborough
Let’s take a look what has been happening in New York’s appellate courts over the past week. Appellate Division, First DepartmentKeilitz v Light Tower Fiber N.Y., Inc., 2023 NY Slip Op 05661 (1st Dept Nov. 09, 2023)Construction Law, Labor Law § 240Issue:  Is pulling fiber optic cables underground through existing conduit “altering” work to qualify for protection under Labor Law § 240 where it part of a larger project, and can an object falling from [...]
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Practice Area(s):   Litigation and Appeals
NYSBA CasePrepPlus Newsletter 11.10.23: Can a Municipality’s Website Satisfy its FOIL Obligations?
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NYSBA CasePrepPlus Newsletter 11.10.23: Can a Municipality’s Website Satisfy its FOIL Obligations?

Posted By: Robert Rosborough
It’s Freedom of Information Law week here at the CasePrepPlus newsletter.  This week, we have two cases, one from the First Department and one from the Second Department, that address the scope of what public records must and can’t be disclosed, whether a municipality’s public website on which records are posted is enough to satisfy its production obligations, and how far an agency must go before simply denying a FOIL request as unduly burdensome. Let’s take a look [...]
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Practice Area(s):   Litigation and Appeals