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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
Apr 30, 2004

People v. Dalton

The defendant appealed a judgment from Chenango County Court following her conviction on multiple counts of sexual misconduct, rape, use of a child in a sexual performance, incest, criminal solicitation, and endangering the welfare of a child involving her three children. The appellate court found that the criminal solicitation charges should have been dismissed due to a statutory exemption and that several counts (rape, incest, use of a child in a sexual performance, and criminal solicitation) were duplicitous, requiring their dismissal with leave for the People to resubmit nonduplicitous charges. However, the court affirmed the lower court's decisions regarding the denial of a juror for cause, access to confidential counseling records, proper impeachment of a witness, and the refusal to charge the jury on accomplice testimony. The imposed maximum sentence for the remaining convictions (course of sexual conduct against a child and endangering the welfare of a child) was upheld.

Criminal LawSexual AbuseChild EndangermentIncestRapeCriminal SolicitationDuplicitous IndictmentAccomplice TestimonyAppellate ProcedureEvidence
References
30
Case No. MISSING
Regular Panel Decision

People v. Moorehead

Defendant was indicted on charges of grand larceny in the third degree and multiple counts of offering a false instrument for filing in the first degree for cashing workers’ compensation checks he was no longer entitled to receive. The County Court of Broome County granted defendant’s motion to dismiss the indictment due to a lack of criminal jurisdiction, finding insufficient evidence that defendant's conduct had a "particular effect" on Broome County. The People appealed this dismissal, arguing that Broome County, being self-insured for workers' compensation, suffered a direct financial impact. However, the appellate court affirmed the dismissal, concluding there was no grand jury evidence that Broome County suffered an actual loss or that the defendant intended to harm the County, thus failing to establish jurisdiction.

Criminal JurisdictionWorkers' Compensation FraudIndictment DismissalParticular Effect DoctrineCounty Court AppealGrand LarcenyFalse Instrument FilingBroome CountyUtica National Insurance GroupSelf-Insured
References
2
Case No. MISSING
Regular Panel Decision

In Re Criminal Contempt Proceedings Against Crawford

This decision addresses a criminal contempt proceeding initiated by the government against Gerald Crawford and Michael Warren for allegedly violating a temporary restraining order (TRO). The TRO, issued in an underlying civil action, prohibited certain conduct outside reproductive health care facilities. Defendants sought dismissal, arguing the TRO had expired under Rule 65(b) before their alleged violations. The Court rejected this, holding that the extended TRO became an appealable preliminary injunction, thus requiring defendants to obey it. The Court further denied defendants' motions for recusal, change of venue, and dismissal based on First Amendment claims, upholding the enforceability of its order.

Criminal ContemptTemporary Restraining Order (TRO)Preliminary InjunctionRule 65(b)Collateral Bar DoctrineFirst Amendment RightsRecusal MotionChange of Venue MotionJudicial AuthorityAppellate Review
References
55
Case No. MISSING
Regular Panel Decision

People v. Roselle

The case addresses whether the doctrine of issue preclusion prevents prosecuting a defendant for assault after a Family Court found child neglect but not child abuse in an earlier child protective proceeding. The defendant allegedly caused severe burns to his three-year-old daughter. The Family Court sustained neglect based on the defendant's testimony but dismissed the abuse charge. The County Court applied collateral estoppel to dismiss the criminal charges. The appellate court reversed, holding that the District Attorney's 'necessary party' status in Family Court proceedings does not confer a 'full and fair opportunity to litigate' abuse in a manner that would bar a subsequent criminal prosecution, citing differing policy considerations between civil and criminal proceedings. Thus, the indictment counts were reinstated.

Issue PreclusionCollateral EstoppelChild AbuseChild NeglectFamily Court ActCriminal ProsecutionAppellate ReviewDue ProcessDistrict Attorney RoleCounty Attorney Role
References
21
Case No. MISSING
Regular Panel Decision

People v. Salamon

Defendant Yehuda Salamon moved to dismiss charges and declare Administrative Code § 19-190 (b) unconstitutional, arguing its vagueness regarding prohibited conduct, mens rea, and standard of proof. The People opposed, contending 'lack of due care' functions as a culpable mental state and the statute sufficiently defines prohibited conduct. The court analyzed the constitutionality of the statute, specifically the 'due care' standard, in the context of criminal liability and the requirement for mens rea. The court found that the civil tort liability standard of negligence ('due care') is inconsistent with criminal conduct's awareness requirement and creates unconstitutional vagueness. Therefore, the court granted the defendant's motion, finding Administrative Code § 19-190 (b) unconstitutional on its face and dismissing the related charges, while other charges remained.

Constitutional LawVagueness DoctrineDue ProcessCriminal NegligenceMens ReaStrict LiabilityAdministrative CodeVehicle and Traffic LawMotion to DismissPedestrian Safety
References
64
Case No. MISSING
Regular Panel Decision

Pugach v. Borja

This case involves a dispute between plaintiff Burton N. Pugach, a disbarred lawyer, and defendant Evangeline Borja, following the termination of their extramarital relationship. Pugach, along with plaintiff Linda Pugach, sued Borja and co-defendants Patient Care, Bancy, and Chua, alleging malicious prosecution and other torts. Pugach had been previously arrested multiple times based on the defendants' reports, facing charges including aggravated harassment, menacing, sexual abuse, and criminal contempt for violating an order of protection. Although acquitted of most serious charges, Pugach was convicted of one count of harassment in the second degree. The court dismissed Pugach's malicious prosecution claim, finding that his harassment conviction precluded a "favorable termination" of the criminal proceeding, a necessary element for such a claim. Additionally, the court found probable cause for the original arrests, which Pugach failed to rebut. Linda Pugach's separate claim for breach of confidentiality of medical records was dismissed as time-barred. Consequently, the defendants' motions to dismiss the second and fifth causes of action were granted.

Malicious prosecutionProbable causeFavorable terminationHarassment convictionCriminal contempt acquittalOrder of protection violationLoss of consortiumBreach of confidentialityStatute of LimitationsPro se representation
References
29
Case No. MISSING
Regular Panel Decision

Beaumont v. Texas Department of Criminal Justice

Plaintiffs Glen Beaumont and Jared Fielder, correctional officers, sued the Texas Department of Criminal Justice (TDCJ) for racial discrimination and retaliation under Title VII. The claims arose from an incident where a Black lieutenant made racially charged and gender-derogatory remarks. Following this, the plaintiffs reported the incident and filed EEOC charges, alleging retaliation through denial of promotion, job reassignment, negative performance entries, and denied training. The court granted TDCJ's motion for summary judgment, ruling that the single incident of harassment, while offensive, was not severe or pervasive enough to constitute a hostile work environment. Additionally, the court found that the alleged retaliatory actions either lacked a causal connection to protected activity or were not materially adverse employment actions under Title VII standards.

Employment DiscriminationRacial HarassmentRetaliationTitle VIIHostile Work EnvironmentSummary JudgmentCorrectional OfficersFederal CourtFifth CircuitProtected Activity
References
140
Case No. MISSING
Regular Panel Decision

People v. Formica

The case involves defendant Kenneth Formica, a partner in Formica Construction Corporation, facing a seven-count indictment including manslaughter and criminally negligent homicide. The charges stem from a trench collapse on December 15, 2003, in Richmond County, which resulted in the death of Lorenzo Pavia and injury to John Paci. The defendant, despite his experience and awareness of safety regulations requiring shoring or sloping for trenches over five feet deep, directed workers into an unsafe, unshored trench. The court denied Formica's motion to dismiss the indictment, concluding that the evidence presented to the grand jury was legally sufficient to establish foreseeability of the trench collapse and support the charges, distinguishing the case from prior precedents.

Trench CollapseConstruction AccidentManslaughterCriminally Negligent HomicideReckless EndangermentAssaultSafety RegulationsForeseeabilityGrand JuryIndictment
References
10
Case No. MISSING
Regular Panel Decision

Overnite Transportation Co. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

Overnite Transportation Company filed a second amended complaint against the International Brotherhood of Teamsters (IBT) and numerous individuals, alleging violations of RICO, tortious interference with business and employment relations, and malicious destruction of property. The defendants moved to dismiss, transfer, and strike material from the complaint. The court denied the motion to transfer but addressed the motions to dismiss and strike. The court dismissed all predicate acts related to the Hobbs Act, Travel Act, state criminal extortion, and state criminal assault due to NLRA preemption, and also dismissed the state law tort claims. However, the court denied the motion to dismiss predicate acts sufficiently pleading attempted murder. The court also granted the defendants' motion to strike certain paragraphs as largely immaterial background information.

RICO ActLabor DisputeMotion to DismissMotion to StrikeAttempted MurderRacketeering ActivityNLRA PreemptionHobbs ActTravel ActTortious Interference
References
67
Case No. MISSING
Regular Panel Decision

People v. Katakam

The defendant, a former computer consultant, was indicted on multiple computer crime charges for copying proprietary script files from Goldman Sachs before joining J.P. Morgan. The court considered motions to dismiss the indictment, evaluating the sufficiency of evidence for unlawful duplication of computer-related material, criminal possession, and computer trespass under Penal Law article 156. While finding insufficient evidence for computer trespass and one count of unlawful duplication due to the lack of unauthorized access or intent to commit trespass, the court upheld charges for unlawful duplication (based on economic value) and criminal possession. The judge denied the motion to dismiss in furtherance of justice, emphasizing the societal need to deter computer crime despite the defendant's personal consequences.

computer crimeunlawful duplicationcriminal possessioncomputer trespassindictmentPenal LawGrand Juryproprietary softwareGoldman SachsJ.P. Morgan
References
0
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