FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 02/11/09


CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Williams, No. 22mem09
The order of the Appellate Division is affirmed where there is no legal reason to upset the court’s exercise of its discretion in allowing the prosecution to use prior convictions to impeach a defendant’s testimony.

 

CRIMINAL LAW & PROCEDURE, INTERNATIONAL LAW

People v. Romeo, No. 7opn09
Reversal of a conviction for manslaughter is affirmed where the People’s lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant’s constitutional right to a speedy trial.

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Taveras, No. 2opn09
Sentence for a criminal sexual act in the third degree and falsifying business records in the first degree is affirmed where the actus reus underlying the crime of criminal sexual act in the third degree does not constitute a “material element” of falsifying business records in the first degree, thus the Appellate Division correctly held that the sentencing court’s imposition of consecutive sentences for these crimes was not in error.

 

CRIMINAL LAW & PROCEDURE

People v. Rouse, No. 8mem09
Order of the Appellate Division is reversed and the indictment dismissed where the People did not satisfy their statutory readiness obligation.

 

INSURANCE LAW

In the Matter of the Ancillary Receivership of Reliance Ins. Co., No. ssm2ent09
In an insurance dispute, order of the Appellate Division is affirmed where the Appellate Division did not err in concluding that the insurance company could not rely on an August 1993 letter as the basis to avoid coverage under the claims-made policy.

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