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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jan 14, 2002

People v. Fernandez

The defendant was convicted of assault in the second degree and criminal possession of a weapon in the fourth degree after a jury trial in Bionx County. The Supreme Court affirmed the judgment and concurrent sentences of six years and one year, respectively. The verdict was upheld against the weight of the evidence, as the jury properly rejected the defendant's justification defense, finding his use of force unjustified despite the complainant reaching for the knife first. The court noted that the defendant inflicted severe injuries while remaining uninjured and was still advancing with a knife on the unarmed, retreating complainant when police arrived. Additionally, the court properly redacted a reference to past drug use from the complainant's medical triage sheet due to a lack of proper foundation and irrelevance to treatment. The defendant's ability to cross-examine on the complainant's drug use at the time of the incident was not precluded.

Criminal LawAssault Second DegreeCriminal Possession of a WeaponJustification DefenseSelf-DefenseWeight of EvidenceCredibility DeterminationMedical Records RedactionHearsay RuleCross-Examination
References
2
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. MISSING
Regular Panel Decision
Sep 10, 1974

People v. Derrick

The Supreme Court, New York County, reversed the judgments of conviction against defendants Hunter and Derrick for possession of a weapon. The officers' stop and frisk of the defendants were deemed illegal due to a lack of reasonable suspicion, as established in People v Johnson. The court found no prior information, furtive movement, or suspicious behavior to justify the stop, making the subsequent search and discovery of guns illegal. Since the guns were the sole basis for the indictments and guilty pleas, the convictions were reversed and indictments dismissed. It was noted that both defendants were hospital workers with clean records who stated they carried the weapons for self-defense after previous assaults.

Illegal SearchStop and FriskReasonable SuspicionWeapon PossessionIndictment DismissalCriminal ProcedureConstitutional RightsFourth AmendmentSelf-Defense
References
1
Case No. MISSING
Regular Panel Decision
Jun 28, 2006

People v. Benston

The defendant was convicted after a jury trial in Supreme Court, Bronx County, of multiple charges including assault, attempted assault, criminal possession of a weapon, and criminal contempt. The judgment, rendered on June 28, 2006, was unanimously affirmed. The court properly admitted limited references in medical records and testimony regarding the victim's domestic violence diagnosis, as it directly impacted her prescribed treatment. The court's reasonable limitations on the defendant's impeachment of the victim did not violate his right of confrontation, as questioning became repetitive. Additionally, the court rightly ruled against redacting a 911 call recording, determining that such redaction could mislead the jury.

Assault Second DegreeAttempted AssaultCriminal Possession of WeaponCriminal ContemptIntimidating Victim or WitnessAggravated HarassmentHarassmentJury TrialEvidentiary RulingsDomestic Violence
References
2
Case No. MISSING
Regular Panel Decision
Feb 01, 2006

People v. Wilson

The defendant appealed a judgment from Erie County Court, rendered February 1, 2006, which convicted him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second and third degrees. The appeals court unanimously affirmed the judgment. The court rejected the defendant's contention that the victim's in-court identification was improper, finding an independent basis for the identification. It also dismissed claims regarding the cross-examination of alibi witnesses and a related jury charge, as well as the prosecutor's peremptory challenge. Furthermore, the court found no prosecutorial overreaching causing a mistrial that would bar retrial on double jeopardy grounds, and concluded the verdict was not against the weight of the evidence and the sentence was not unduly harsh. The certificate of conviction was noted to be incorrect regarding one of the weapon possession charges.

attempted murderassaultcriminal possession of weaponin-court identificationindependent sourcealibi witnessesperemptory challengeBatson challengedouble jeopardyprosecutorial misconduct
References
12
Case No. MISSING
Regular Panel Decision
Jun 28, 1993

Gagliardi v. Trapp

The plaintiff, a correction officer, appealed an order granting summary judgment to the defendants in her action for assault and negligence. She alleged physical and mental harm after being punched by a fellow correction officer, Darrell Harris, and claimed her employers, New York City Department of Correction and the City of New York, attempted to conceal the incident and discriminated against her. The Supreme Court correctly determined that her negligence claim was barred by Workers’ Compensation Law as she had already received benefits, and her allegations did not meet the high standard for an intentional tort to circumvent the exclusivity provision. Furthermore, her discrimination claims under Executive Law § 296 were found to be conclusory and unsupported.

AssaultNegligenceWorkers' CompensationSummary JudgmentDiscriminationExclusive RemedyAppellate DecisionCorrection OfficerRikers IslandEmployers' Liability
References
11
Case No. MISSING
Regular Panel Decision

People v. Smith

The defendant appealed a judgment from the Supreme Court, Kings County, convicting him of criminal possession of a weapon in the second degree. The appeal concerned the prosecutor's peremptory challenges during jury selection. The trial court found a pattern of intentional discrimination against black prospective jurors, specifically noting the prosecutor's inability to provide a race-neutral reason for one challenge and finding another pretextual. The appellate court focused on the prosecutor's challenge of a prospective juror based solely on his employment as a postal worker, ruling that such a reason must relate to the case facts or the juror's qualifications. Finding this explanation pretextual, the appellate court reversed the defendant's conviction and ordered a new trial.

Jury SelectionPeremptory ChallengeBatson ChallengeRace-Neutral ReasonEmployment-Based ChallengePretextual ExplanationRacial DiscriminationCriminal Possession of a WeaponNew TrialAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Prave v. State

The State of New York appealed 17 separate orders from the Court of Claims that denied its motion for summary judgment in actions alleging intentional assault stemming from the Attica uprising. The State contended that the claimants' acceptance of workers' compensation benefits barred their intentional tort claims, constituting an election of remedies. Claimants argued they never applied for benefits and should not be bound by such an election. The Appellate Division held that accepting benefits, even if initiated by the employer, generally precludes a subsequent tort action if the Workers' Compensation Board determined the injuries were compensable. To pursue their tort claims, claimants must first seek to rescind the Board's prior determination that their injuries were accidental. Therefore, the Court unanimously reversed the lower court's orders, granted summary judgment to the State, and dismissed the claims without prejudice for claimants to seek a redetermination from the Workers' Compensation Board.

Attica UprisingWorkers' CompensationIntentional TortExclusive RemedySummary JudgmentCollateral AttackWorkers' Compensation BoardRescission of AwardElection of RemediesCourt of Claims
References
6
Case No. MISSING
Regular Panel Decision

Salvamoser v. Pratt Institute

The plaintiff appealed an order granting summary judgment to the defendants, Pratt Institute and 205 Ashland Associates, for personal injuries resulting from a criminal assault. The plaintiff was robbed on a public street near her residence, owned by 205 Ashland Associates and leased by Pratt Institute, then forced into her apartment and to a bank. She alleged negligence by the defendants for a defective or open front door, contending they failed to provide adequate security. The Supreme Court found the defendants' actions were not a substantial cause of the injury, as the criminal act originated off-premises and the plaintiff would have been compelled into her apartment regardless of the door's security. The appellate court affirmed the summary judgment dismissal, concluding that the causal connection between any negligence and the criminal act was too attenuated as a matter of law.

Personal InjuryCriminal AssaultNegligencePremises LiabilitySummary JudgmentCausationProximate CauseLandlord LiabilityAppellate ReviewSecurity Measures
References
5
Case No. MISSING
Regular Panel Decision
Nov 13, 1987

People v. Stevenson

The defendant was convicted of two counts of attempted murder in the second degree, one count of assault in the first degree, and two counts of assault in the second degree after repeatedly stabbing his wife and forcing his stepdaughter out a window. On appeal, the court considered whether a lesser included offense charge for reckless assault should have been given, concluding that there was insufficient evidence of intoxication to warrant it. The court also held that the conviction for assault in the second degree under the fourth count of the indictment should be reversed and dismissed as it constituted a lesser included offense of assault in the first degree, and a defendant cannot be simultaneously convicted of both. The judgment was largely affirmed, but modified to dismiss the aforementioned assault charge.

Attempted MurderAssaultLesser Included OffenseIntoxication DefenseCriminal AppealPrior Inconsistent StatementHearsaySpousal AbuseChild EndangermentJury Charge
References
11
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