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

Case No. 2011RI011027, 2012RI001658
Regular Panel Decision

People v. Mathurine

The case concerns the admissibility of a defendant's prior guilty plea allocution in a subsequent trial without a CPL 710.30 notice. The defendant was charged with aggravated unlicensed operation of a motor vehicle on multiple occasions. The People intended to use the allocution from an earlier guilty plea (where the defendant admitted knowing his license was suspended) to prove knowledge in the current consolidated cases. Defense counsel objected, citing lack of CPL 710.30 notice and the need for a Huntley hearing to determine voluntariness. The court denied the defendant's motion, ruling that CPL 710.30 notice is not required for presumptively voluntary, judicially supervised guilty pleas made by a represented defendant, as such pleas are not "involuntarily made" within the meaning of the statute.

criminal procedureCPL 710.30notice requirementguilty plea allocutionvoluntariness of statementsprior conviction evidenceadmissibility of evidenceVehicle and Traffic Lawaggravated unlicensed operationHuntley hearing
References
37
Case No. MISSING
Regular Panel Decision
Apr 17, 1986

People v. Bernier

This case addresses a defendant's appeal challenging his conviction for robbery and weapon possession. The primary issue revolves around the prosecution's failure to provide timely notice of a witness's out-of-court identification, as mandated by CPL 710.30. The court found that the trial court erred by eventually allowing the in-court identification, even with an independent source, because a CPL 710.30 violation requires exclusion of both out-of-court and in-court identifications. Consequently, the judgment was reversed, and a new trial was ordered for one count, while others were dismissed without prejudice for re-presentation to a Grand Jury. The appellate court also determined that the defendant's right to a speedy trial was not violated.

Criminal Procedure LawIdentification TestimonyPreclusion SanctionWade HearingShowup IdentificationIndependent Source DoctrineSpeedy TrialRobberyCriminal Possession of WeaponGrand Jury Proceedings
References
14
Case No. MISSING
Regular Panel Decision

Abraham & Straus, Inc. v. International Union of Operating Engineers, Local Union No. 30

Abraham & Straus (A&S) sought a preliminary injunction against defendant Local 30 to stop picketing and job actions concerning engineer and mechanic staffing at a new Roosevelt Field store. A&S argued these actions violated their collective bargaining agreement's no-strike and arbitration clauses. Local 30 contended the dispute was purely representational, not arbitrable, and that Boys Markets relief did not apply to picketing alone. The court found the dispute arbitrable due to the broad arbitration clause and the union's previous intent to arbitrate. It also determined that Boys Markets injunctions could cover picketing, especially when it caused work stoppages, ultimately granting A&S's request and ordering arbitration.

Labor DisputePreliminary InjunctionCollective Bargaining AgreementArbitration ClauseNo-Strike ClausePicketingWork StoppageBoys Markets ExceptionLabor Management Relations ActFederal Court Jurisdiction
References
14
Case No. MISSING
Regular Panel Decision

McCullough v. Bennett

Petitioner Robert McCullough filed a pro se federal habeas corpus petition challenging his New York state conviction for burglary, assault, and weapon possession. He alleged prosecutorial misconduct during the execution of a material witness order and ineffective assistance of trial and appellate counsel, including the failure to object to a C.P.L. § 710.30 notice. The court denied his motion for a stay, deeming unexhausted claims procedurally defaulted or not cognizable. On the merits, the court found no prosecutorial misconduct and, despite trial counsel's error regarding C.P.L. § 710.30 notice, no constitutional prejudice resulted as the statement was spontaneous and admissible. All other ineffective assistance claims were also rejected. Consequently, the court denied McCullough's petition and dismissed the case.

Habeas CorpusIneffective Assistance of CounselProsecutorial MisconductProcedural DefaultCPL 710.30Fifth AmendmentSpontaneous StatementMaterial Witness OrderStrickland v. WashingtonEvidentiary Hearing
References
101
Case No. MISSING
Regular Panel Decision

People v. McHugh

The defendant, Michael McHugh, is on trial for manslaughter and reckless driving. The District Attorney sought to introduce testimony from registered nurses and a certified social worker concerning admissions made by McHugh in his Montefiore Hospital records. McHugh moved to prohibit this testimony, citing doctor-nurse (CPLR 4504) and social worker (CPLR 4508) privileges. The District Attorney argued that McHugh waived the privilege or that the statements were not privileged. The court first ruled that McHugh's limited use of hospital records during a CPL 710.30 suppression hearing, solely to demonstrate medical condition relevant to the voluntariness of statements, did not constitute a complete waiver of privilege. Subsequently, the court concluded that the statements to the nurses and social worker were made in a professional capacity, necessary for treatment, and intended to be confidential, thus establishing the existence of the privilege. Therefore, the defendant's claim of privilege was granted, and the testimony was prohibited.

Doctor-Patient PrivilegeSocial Worker PrivilegeWaiver of PrivilegeEvidentiary RulingSuppression HearingConfidential CommunicationsMedical Records AdmissibilityCriminal ProcedureCPLR 4504CPLR 4508
References
11
Case No. MISSING
Regular Panel Decision
Dec 24, 1998

People v. McLeod

The Supreme Court, Bronx County, rendered a judgment on December 24, 1998, convicting the defendant of criminal possession of a controlled substance. On appeal, the judgment was unanimously affirmed. The defendant raised issues concerning a Batson challenge related to the prosecutor's peremptory strikes of black prospective jurors and a speedy trial claim. The appellate court found the Batson issue unpreserved for review due to the defendant's failure to object to the trial court's procedure. Regarding the speedy trial motion, the court affirmed the exclusion of time during which a key apprehending officer was unavailable due to a disabling injury, deeming it an "exceptional circumstance" under CPL 30.30 (4) (g).

Batson challengeperemptory challengesjury selectionracial discriminationspeedy trialwitness unavailabilityexceptional circumstancescriminal possession of controlled substanceappellate reviewpreservation of error
References
18
Case No. MISSING
Regular Panel Decision
May 19, 1994

People v. Chi Keung Seto

The defendant, Chi Keung Seto, moved to dismiss his indictment, which included charges of first-degree kidnapping and second-degree assault, citing a violation of his speedy trial rights under CPL 30.30. The legal action began in November 1990, but a bench warrant was issued in March 1991 after Seto failed to appear in court. The People contended they exercised due diligence in locating Seto, who was later discovered to have been a shooting victim, comatose in a hospital under a different identity, and subsequently transferred to a rehabilitation center and then to California. Following a May 1994 hearing, the court, presided over by Justice Alfred H. Kleiman, ruled that the prosecution's efforts constituted due diligence despite not linking the shooting victim to the outstanding warrant. Consequently, the court denied the defendant's motion to dismiss the indictment.

Speedy TrialCPL 30.30Due DiligenceBench WarrantIndictment DismissalFelony ChargesKidnappingAssaultCriminal Possession of WeaponFugitive Search
References
13
Case No. MISSING
Regular Panel Decision

White v. Keane

Robert C. White, a state prisoner, filed a federal habeas corpus petition under 28 U.S.C. § 2254, challenging his 1993 Sullivan County conviction for multiple counts of sodomy and sexual abuse. He raised five main claims: denial of speedy trial rights (CPL § 30.30), Brady violation due to delayed disclosure of exculpatory grand jury testimony, erroneous admission of child sexual abuse syndrome expert testimony, trial court error in not setting aside the verdict based on new evidence, and ineffective assistance of counsel. The court reviewed his claims, noting prior state appellate decisions affirming parts of his conviction. Ultimately, the District Court dismissed White's habeas petition, finding no constitutional violations in the state court proceedings regarding his speedy trial, Brady claim, expert testimony, new evidence, or ineffective assistance of counsel claims.

Habeas CorpusSpeedy TrialBrady ViolationExculpatory EvidenceIneffective Assistance of CounselChild Sexual Abuse SyndromeNewly Discovered EvidenceFederal ReviewCriminal ProcedureSexual Abuse
References
59
Case No. 2025 NY Slip Op 05204
Regular Panel Decision
Sep 30, 2025

People v. Martin

David Martin was convicted of two counts of criminal possession of a weapon in the second degree and assault in the third degree after a jury trial. On appeal, Martin challenged his convictions, arguing violations of the Second Amendment and the Privileges and Immunities Clause, and contesting the sufficiency and weight of the evidence. The Appellate Division, First Department, unanimously affirmed the judgment. The court found that Martin lacked standing to assert facial and as-applied challenges to Penal Law § 265.03 (3), and his arguments failed on the merits. It also determined that the Supreme Court's decision in Bruen did not invalidate New York's entire licensing scheme or the permissive presumption under Penal Law § 265.15 (4). Furthermore, the court concluded that the evidence was legally sufficient to prove intent to use a loaded firearm unlawfully under Penal Law § 265.03 (1) (b) and that the verdict was not against the weight of the evidence. The denial of Martin's CPL 30.30 motion was also deemed proper.

Criminal Possession of WeaponSecond DegreeAssault Third DegreeSecond Amendment ChallengeStandingAs-Applied ChallengeFacial ChallengePenal Law § 265.03Sufficiency of EvidenceWeight of Evidence
References
17
Case No. No. 29, No. 30
Regular Panel Decision
Apr 21, 2022

The Matter of the Claim of Thomas Johnson v. City of New York , The Matter of the Claim of Joseph D. Liuni v. Gander Mountain

The New York Court of Appeals addressed a common issue in these appeals: whether a claimant’s schedule loss of use (SLU) award must always be reduced by a prior SLU award to a different subpart of the same body “member” under Workers’ Compensation Law (WCL) § 15. The Court clarified that separate SLU awards for distinct injuries to the same statutory member are permissible, provided the claimant demonstrates that the second injury resulted in an increased loss of use. For Thomas Johnson, the Court affirmed the prior decision, concluding he failed to present sufficient evidence isolating the impairment caused solely by his knee injury, apart from his prior hip injury award. Conversely, for Joseph D. Liuni, the Court reversed and remitted the case, as Liuni had provided evidence through his expert that his elbow and shoulder injuries were separate pathologies, each contributing distinctly to the loss of use of his arm.

Schedule Loss of Use (SLU)Successive InjuriesBody Member ImpairmentEarning CapacityStatutory InterpretationKnee InjuryHip InjuryElbow InjuryShoulder InjuryMedical Expert Testimony
References
29
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