Justia New York Court of Appeals Opinion Summaries

Under the circumstances of this case, where a sworn juror repeatedly and unambiguously stated that she was unable to render an impartial verdict based solely on the evidence and the law, the trial court erred in failing to discharge the juror as “grossly unqualified to serve” pursuant to N.Y. Crim. Proc. Law 270.35(1).After a jury trial, Defendant was acquitted of murder in the second degree and convicted of manslaughter in the first degree. The Appellate Division affirmed. The Court of Appeals reversed and ordered that Defendant receive a new trial, holding that the sworn juror at issue in this case, a juror who purportedly stated that she could not “do what the law require[d] [her] to do,” was incapable of rendering an impartial verdict as required by her oath as a sworn juror. Therefore, section 270.35(1) mandated her discharge. View "People v. Spencer" on Justia Law

The sentencing court violated N.Y. Crim. Proc. Laws 390.50 and Defendant’s due process rights by failing adequately to set forth on the record the basis for its refusal to disclose to the defense certain statements that were considered by the court for sentencing purposes.Defendant pleaded guilty to charges of attempted murder in the second degree, assault in the first degree, and assault in the second degree. At sentencing, county court denied counsel’s request to turn over to counsel the victim impact letters that accompanied the presentence investigation report (PSI). The Appellate Division concluded that the sentencing court had not erred by denying disclosure of “confidential information.” The Court of Appeals reversed, holding that the sentencing court failed to comply with its statutory obligation under section 390.50, thus implicating Defendant’s due process rights. View "People v. Minemier" on Justia Law

After a jury trial, Defendant was found guilty of first-degree course of sexual conduct against a child. The Appellate Division affirmed. Defendant appealed, arguing that he was denied the effective assistance of counsel due to counsel’s failure to object to the admission of evidence that the victim disclosed the abuse three years after it ceased and then again four years after her initial disclosure. The Court of Appeals affirmed, holding that Defendant failed to demonstrate the absence of strategic or legitimate explanations for counsel’s failure to object to the evidence at issue. View "People v. Honghirun" on Justia Law

At issue in this case was whether the trial court erred in admitting into evidence a contempt order issued in a civil proceeding involving the same funds Defendant was criminally charged with stealing. Supreme Court granted the People permission to introduce the contempt order as Molineux evidence. The Court of Appeals concluded that the contempt order did not constitute Molineux evidence but that the Appellate Division correctly concluded that the contempt order was relevant to prove Defendant’s larcenous intent. Further, the probative value of the contempt order was not substantially outweighed by the danger of undue prejudice to Defendant, and therefore, the trial court did not abuse its discretion as a matter of law by admitting the contempt order into evidence. View "People v. Frumusa" on Justia Law

Under the circumstances of this case, where an alleged instructional defect was actually a typographical error, Supreme Court did not abuse its discretion in resettling the transcript without a hearing.Defendant was convicted of murder in the second degree and criminal possession of a weapon in the second degree. On appeal, Defendant argued that he was denied a fair trial because Supreme Court provided a supplemental jury instruction that described intentional murder as an unintentional crime, thereby relieving the People of the burden of establishing a crucial element of the charge. Thereafter, the People, believing that the defect in the instruction was the result of a typographical error, asked the court reporter to consult her notes. The reporter advised the People that the two relevant instances of the word “unintentional” should instead have been transcribed as “intentional." The reporter then prepared a certified corrected transcript. Supreme Court then ruled that the record would be resettled in accordance with the correct transcript without a reconstruction hearing. The Appellate Division upheld the judgment of Supreme Court. The Court of Appeals affirmed, holding that Supreme Court did not act outside its discretion to resettle the transcript without a hearing. View "People v. Bethune" on Justia Law

After a jury trial, Defendant was convicted of intentional murder in the second degree and two counts of criminal possession of a weapon in the second degree. Defendant appealed, arguing that the trial court erred in declining to give an adverse inference charge where law enforcement collected video surveillance footage of the crime scene but the evidence was lost prior to trial. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) under the circumstances of this case, the trial court erred in failing to give an adverse inference jury instruction; but (2) given the strength of the People’s case, the error was harmless. View "People v. Viruet" on Justia Law

Three petitions challenged the validity of regulations of the New York State Department of Motor Vehicles (DMV) governing the relicensing of recidivist drunk driving offenders and sought restoration of their driving privileges. The first two petitioners in this case were convicted of drunk driving for a third time, and the third petitioner was convicted of drunk driving for a sixth time. The driver’s licenses of all three petitioners were revoked pursuant to the Vehicle and Traffic Law. The Court of Appeals rejected the petitioners’ challenges and affirmed, holding that the lower courts properly upheld the regulations and their application to the petitioners’ relicensing applications as a valid exercise of the delegated authority of the Commissioner of the DMV. View "Acevedo v. New York State Department of Motor Vehicles" on Justia Law

The Court of Appeals held in this criminal case that, to ensure road safety, a police officer may run a license plate number through a government database to check for any outstanding violations or suspensions on the registration of the vehicle without any suspicion of wrongdoing, and such a check does not constitute a search. The Court further held that information obtained indicating the registration of the vehicle was in violation of the law as a result of this check may provide probable cause for the officer to stop the driver of the vehicle. In so holding, the Court affirmed the intermediate appellate court’s reversal of the suppression court’s suppression of the evidence in this case, determining that the license plate check of Defendant’s vehicle and the traffic stop of Defendant’s vehicle and his person were lawful. View "People v. Bushey" on Justia Law

The Court of Appeals affirmed Defendant’s conviction on one count of first-degree assault, holding that the trial court eliminated any prejudice to Defendant from testimony that deprived Defendant of his right to confront this witness by striking the offending testimony from the record and instructing the jury to disregard the statements. The Appellate Division also concluded that the trial court prevented any prejudice to Defendant by striking the challenged portion of the witness’s testimony and instructing the jury to disregard it. Defendant’s remaining claim that he was entitled to a hearing on his N.Y. Crim. Proc. Law 330.30 motion was without merit. View "People v. Stone" on Justia Law

Defendant appealed the denial of his motion to suppress a firearm recovered from his vehicle, arguing primarily that the challenged search was unlawful under the Court of Appeals’ holding in People v. Huntley because it was premised on his status as a parolee but was conducted by police officers, not by his parole officer. The Court of Appeals affirmed Defendant’s convictions for criminal possession of a weapon in the second and third degrees and unlawful possession of marihuana, holding (1) a tip indicating that Defendant had a firearm in his vehicle taken together with Defendant’s reduced expectation of privacy provided support in the record for the conclusion that the search of Defendant’s vehicle was lawful and reasonable; and (2) there was support in the record for the trial court’s rejection of Defendant’s proffered race-neutral reason for exercising a peremptory challenge as to a prospective juror as pretextual. View "People v. McMillan" on Justia Law