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

Case No. Bronx County Indictment No. 976/81
Regular Panel Decision

Dellwood Foods, Inc. v. Abrams

Dellwood Foods, Inc., indicted for antitrust violations under the General Business Law, moved to quash post-indictment subpoenas issued by the Attorney-General to its sales personnel. Dellwood contended these subpoenas constituted an abuse of process, arguing their sole purpose was to gather evidence for the pending trial. The court, presided over by Judge Lawrence J. Tonetti, affirmed Dellwood's standing to challenge the subpoenas. While acknowledging the Attorney-General's investigatory powers do not abate post-indictment, the court applied a 'dominant purpose' test, requiring subpoenas to further legitimate investigations rather than merely prepare for trial. Following an *in camera* review, the court determined the subpoenas were for a valid ongoing investigation, not solely for trial preparation. Consequently, Dellwood's motion to quash the subpoenas was denied.

Antitrust LawSubpoena EnforcementAbuse of ProcessGrand Jury ProcedureCorporate StandingCriminal IndictmentInvestigatory PowersDominant Purpose TestGeneral Business LawNew York Law
References
47
Case No. MISSING
Regular Panel Decision

United States v. Greater Blouse, Skirt & Neckwear Con. Ass'n

The Attorney General sought leave from the District Court to dismiss an indictment, returned in March 1959, which charged multiple defendants including associations and individuals with violations of sections 1 and 2 of the Sherman Act in the ladies' blouse production industry. The charges involved alleged conspiracies to fix prices, allocate work, and establish exclusivity in New York and Pennsylvania. Only one defendant, Slate Belt, opposed the dismissal, arguing that the indictment's pendency had brought stability and prosperity to its members and fearing a return to prior restrictive practices if the prosecution ceased. The government, following a re-evaluation, contended that the available evidence was insufficient to prove the conspiracy beyond a reasonable doubt and that proceeding would necessitate a change in legal theory. The Court, exercising its discretion, granted the Attorney General's motion to dismiss the indictment, finding the reasons advanced were substantial and made in good faith, and that it would be futile to compel a prosecution in which the government had no faith.

Antitrust LawSherman ActCriminal ProcedureMotion to DismissNolle ProsequiProsecutorial DiscretionFederal Rules of Criminal ProcedureSufficiency of EvidenceGrand Jury IndictmentConspiracy
References
25
Case No. MISSING
Regular Panel Decision

People v. O'Gorman

The case involves a motion by defendants, a husband and wife, to dismiss an indictment for grand larceny and violation of Social Services Law § 145. The defendants were accused of welfare fraud by concealing property ownership under assumed names while receiving public assistance. They argued for dismissal based on privileged social worker-client communications under CPLR 4508 and that no undeserved moneys were received. The court denied the motion, interpreting CPLR 4508 to not protect communications involving the commission of a crime and ruling that the defendants waived any privilege by consenting to investigation for public assistance eligibility. The court found sufficient evidence to support the indictment.

Welfare FraudSocial Worker PrivilegeCPLR 4508Statutory InterpretationWaiver of PrivilegeFraudulent MisrepresentationPublic AssistanceIndictmentGrand LarcenySocial Services Law Section 145
References
2
Case No. MISSING
Regular Panel Decision

People v. Easter

This case involves a defendant's motion to dismiss an indictment on grounds of insufficient evidence before the Grand Jury, selective enforcement, and in the interest of justice. The core issue revolves around the admissibility of privileged communications, specifically social worker-client, physician-patient, and husband-wife privileges, presented to the Grand Jury. The defendant is accused of child abuse against his three-month-old son, Jason, who sustained a fractured skull, ribs, and other injuries. The court found that the physician-patient privilege was waived under CPLR 4504(b) due to child abuse. The husband-wife privilege did not apply to Mrs. Easter's testimony as it was not a confidential marital communication. Crucially, the court determined that the child, Jason, was the "client" of the social workers under CPLR 4508(3), thus allowing their testimony regarding the defendant's admissions of harming the child. Consequently, the social workers' testimony was deemed competent and properly considered by the Grand Jury. The court also rejected the argument for Miranda warnings, stating the defendant was not in custody. The motion to dismiss the indictment based on insufficiency of evidence was denied.

Motion to Dismiss IndictmentGrand Jury Evidence SufficiencyPrivileged Communications AdmissibilitySocial Worker-Client Privilege ExceptionChild Abuse ProceedingsPhysician-Patient PrivilegeHusband-Wife Privilege ScopeMiranda RightsCPLR 4508 Child ClientCriminal Procedure Law
References
6
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

People v. Sergio

The court addresses a defendant's motion to dismiss an indictment for murder, manslaughter, and endangering the welfare of a child. The defendant, Laura Sergio, argued that privileged physician-patient communications were improperly used before the grand jury and that the evidence was legally insufficient. The court, presided over by Joel M. Goldberg, J., ruled that the physician-patient privilege was overcome by exceptions under Social Services Law and the Tarasoff doctrine, allowing disclosure of limited medical information due to public safety concerns. Furthermore, the court found the evidence presented to the grand jury legally sufficient to support the charges, despite possible alternative inferences. Consequently, the defendant's motion to dismiss the indictment was denied in its entirety, and the case will proceed.

Criminal LawIndictmentGrand JuryPhysician-Patient PrivilegeConfidentialityChild AbuseHomicideManslaughterMurderDepraved Indifference
References
43
Case No. MISSING
Regular Panel Decision

United States v. Needle Trades Workers' Industrial Union

The indictment charges the defendants, including the Needle Trades Workers’ Industrial Union, with violating the Sherman Anti-Trust Act by conspiring to restrain interstate trade in raw skins. The conspiracy involved preventing non-union dressers from processing skins and dealers from shipping to them, employing violent tactics such as threats, assaults, destruction of property, and the use of explosives. The court addressed whether these actions constituted a restraint of interstate commerce, differentiating between local strikes with indirect effects and direct interference with interstate trade. It concluded that the alleged prevention of New York dealers from shipping skins to New Jersey dressers constituted a direct, substantial, and intentional interference with interstate commerce. The court also affirmed that shipping goods for processing across state lines is considered interstate commerce and clarified that the National Industrial Recovery Act did not repeal the Sherman Anti-Trust Act or legalize such a conspiracy. Consequently, the demurrer challenging the sufficiency of the indictment was overruled.

Sherman Anti-Trust ActInterstate CommerceLabor UnionConspiracyDemurrerIndictmentTrade RestraintViolenceSecondary BoycottLabor Disputes
References
9
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

United States v. Pszeniczny

Stanislaw Pszeniczny, an alien previously removed for an aggravated felony, was indicted for illegal reentry into the United States. He moved to dismiss the indictment, arguing his original removal order was invalid because his Notice to Appear (NTA) lacked a specific date and time for his hearing, citing Pereira v. Sessions. The court analyzed conflicting interpretations of Pereira and its applicability to jurisdictional issues versus the "stop-time rule." It also considered the requirements of 8 U.S.C. § 1326(d) for collateral attacks on removal orders. The court ultimately denied Pszeniczny's motion, finding that he received full and timely notice of his hearings and participated fully, with no prejudice or unfairness in the immigration procedure, making the Banegas Gomez v. Barr decision by the Second Circuit applicable and uncontestable.

Immigration LawIllegal ReentryRemoval OrderNotice to AppearJurisdictionDue ProcessCollateral AttackAdministrative RemediesJudicial ReviewAggravated Felony
References
34
Case No. MISSING
Regular Panel Decision

People v. Puma

A defendant's van caused an accident with an 18-wheel tractor-trailer, striking and killing a highway worker. Evidence showed the defendant's speech was slurred, and a blood test revealed cocaine, methadone, and opiates, impairing his ability to react normally. The Grand Jury indicted the defendant for manslaughter, reckless driving, and other charges. The lower court dismissed several counts in the indictment, specifically counts one, two, four, five, and six, retaining counts three, seven, and eight. The appellate court modified this decision, reinstating counts one (manslaughter in the second degree, reduced to criminally negligent homicide) and two (reckless driving) because the evidence was legally sufficient to establish a prima facie case.

Criminal LawManslaughterReckless DrivingDriving While Impaired by DrugsCriminally Negligent HomicideGrand Jury IndictmentAppellate ReviewSufficiency of EvidenceVehicle and Traffic LawPenal Law
References
6
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