FINDLAW:Daily Opinion Summaries for New York Court of Appeals – 09/16/08


CRIMINAL LAW & PROCEDURE, SENTENCING

Matter of Siao-Pao v. Dennison, No. 200 SSM 27
Denial of parole is affirmed where: the courts below applied the correct legal standards and properly considered the Board of Parole’s written determination, which, when evaluated in the context of the parole hearing transcript, demonstrated that the Board considered the required statutory factors.

 
CRIMINAL LAW & PROCEDURE

People v. Shemesh, No. 201 SSM 32
Order dismissing an indictment is affirmed where there was record support for the finding below that the District Attorney failed to accord the defendant reasonable time to exercise right to appear as a witness before the grand jury.

 

ETHICS & PROFESSIONAL RESPONSIBILITY

In the Matter of DeFilippo v. Rooney, No. 203 SSM 31
Judgment of the Appellate Division is affirmed where: 1) petitioner failed to meet his burden of demonstrating that the alleged prosecutorial misconduct was conducted in a deliberate attempt to provoke him to move for a mistrial; and 2) petitioner failed to demonstrate a clear legal right to the remedy of prohibition.

 
INJURY AND TORT LAW, PUBLIC UTILITIES

McCleery v. Consol. Edison of New York, No. 202 SSM 23
In a personal-injury suit, summary judgment for defendants is reversed where plaintiff presented issues of fact as to how his foot was crushed and whether his injuries were a result of defendant’s driver’s negligence.

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