Justia New York Court of Appeals Opinion Summaries

Petitioner, a justice of the town court, commenced a proceeding to review a determination of the State Commission on Judicial Conduct that sustained six charges of misconduct against him and determined that he should be removed from office. The charges stemmed from numerous cases Petitioner presided over involving his paramour's relatives in which Petitioner failed to disqualify himself, failed to disclose the relationship, and engaged in ex parte communications. Upon reviewing the record, the Court of Appeals concluded that removal was the appropriate sanction and accepted the determined sanction, as Petitioner's conduct demonstrated a misuse of his judicial office and damaged public confidence in his integrity and impartiality. View "In re Young" on Justia Law

Plaintiff was convicted of attempted rape in the first degree, sexual abuse in the first degree, and endangering the welfare of a child. At issue was whether plaintiff, suing his former criminal defense attorney in legal malpractice, could recover nonpecuniary damages. Plaintiff claimed several errors, including that his attorney failed to investigate or present evidence concerning an allegedly meritorious defense, failed to interview certain potential witnesses, and failed to cross-examine the victim regarding discrepancies in her testimony. The court found that such damages were not available in an action for attorney malpractice. Accordingly, the order of the Appellate Division should be reversed. View "Dombrowski v Bulson" on Justia Law

In a memorandum opinion, the court addressed whether defense counsel gave implied consent to a mistrial. The court held that there was ample basis on the record for the trial court to conclude that defendants agreed that a mistrial on the undecided charges was the appropriate course of action. The court also held that, because it found no basis to disturb the Appellate Division's factual finding of implied consent, it had no occasion to address the People's alternative argument that there was manifest necessity for the mistrial.