FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 2/17/09


CIVIL PROCEDURE, FAMILY LAW, GOVERNMENT BENEFITS, PROPERTY LAW & REAL ESTATE

Brownley v. Doar, No. 5opn09
In a suit for monetary and injunctive relief that would prevent plaintiffs from being evicted from their homes, dismissal for lack of standing is affirmed where the adequacy requirement of Social Services Law section 350 does not apply to the Safety Net Assistance program.

 

CONSTITUTIONAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE

In the Matter of Aspen Creek Estates, Ltd. v. Town of Brookhaven, No. 19mem09
The judgment of the Appellate Division is affirmed where the public benefits of the taking of land for farmland preservation in the case were not incidental or pretextual in comparison with benefits to particular, favored private entities.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Elysee, No. 6opn09
Conviction for manslaughter, assault and DUI is affirmed where: 1) even if blood samples given after an accident were privileged, under the facts and circumstances of this case the privilege was overcome when the police officers executed a court order to test the samples; and 2) the supreme court did not err by not charging criminally negligent homicide as a lesser included offense of second degree manslaughter since there was no reasonable view of the evidence which would support a finding that defendant committed the lesser offense of criminally negligent homicide.

 

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Middleton, No. ssm50mem09
The order of the Appellate Division is affirmed without costs where defendant’s constitutional arguments are unpreserved and the record supports the determination of the courts below that defendant is a level 3 sex offender.

 

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Jackson, No. 9-10-11opn09
Sentences for attempted kidnapping and unlawful imprisonment are affirmed where the State did not violate defendants’ constitutional rights by compelling them to register as “sex offenders,” even though there was no proof that their crimes involved any sexual act or sexual motive.

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