Articles Posted in Court Decisions

Update from the Lexis Alert Service, Search run morning of December 22, 2008.

1. People v. Agramonte, 4854, 1660/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9901; 2008 N.Y. App. Div. LEXIS 9595, December 18, 2008, Decided, December 18, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

Update from the Lexis Alert Service, Search run morning of December 19, 2008.

1. People v. Mercado, 4817, 1086/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9728; 2008 N.Y. App. Div. LEXIS 9470, December 11, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

Update from the Lexis Alert Service, Search run morning of December 18, 2008.

1. People v. Pauling, 4832, 2218/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9837; 2008 N.Y. App. Div. LEXIS 9455, December 16, 2008, Decided, December 16, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

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U.S. 1st Circuit Court of Appeals, December 11, 2008 Dutil v. Murphy, No. 06-2292 The text of the Massachusetts SDP statute, as interpreted by state courts, does not on its face violate the due process protections heretofore afforded sexually dangerous persons subject to civil commitment. Appellant’s due process rights are not violated by the statute’s failure to provide an unambiguous timeline for a redetermination of his sexual dangerousness.

U.S. 1st Circuit Court of Appeals, December 11, 2008 US v. Poellnitz, No. 07-2774 District court did not commit plain error in accepting Defendant’s allegedly involuntary guilty plea, and committed no error in failing to credit defendant for the value of the property that he returned to his victim. Conviction and sentence for wire fraud are affirmed..

Update from the Lexis Alert Service, Search run morning of December 17, 2008.

1. People v. Danvers, 4244, 4703/05, 4245, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 7745; 55 A.D.3d 362; 864 N.Y.S.2d 770; 2008 N.Y. App. Div. LEXIS 9179, October 14, 2008, Decided, October 14, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

Update from the Lexis Alert Service, Search run morning of December 15, 2008.

1. People v. Mears, 4384, 4854/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 8021; 55 A.D.3d 439; 866 N.Y.S.2d 75; 2008 N.Y. App. Div. LEXIS 7858, October 23, 2008, Decided, October 23, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

Update from the Lexis Alert Service, Search run morning of December 8 & 11, 2008.

1. People v. Torain, 4746, 6001/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9485; 2008 N.Y. App. Div. LEXIS 9175, December 4, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …

Update from the Lexis Alert Service, Search run morning of December 4, 2008.

1. People v. De La Rosa, 4706, 3687N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9451; 2008 N.Y. App. Div. LEXIS 9100, December 2, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

The People of the State …