11 results for 'judge:"Cannataro"'.
J. Cannataro finds that defendant was properly convicted of drug possession based on a legally sufficient chain of custody for cocaine seized during a traffic stop. Defendant raises evidentiary questions due to the fact that a night passed between between the seizure of the drug and the cocaine being formerly logged, but the evidence remained under police control in sealed envelopes. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 25, 2024, Case #: 33, Categories: Drug Offender, Evidence
[Consolidated.] J. Cannataro finds that the tax appeals tribunal properly denied corporate tax deductions to Walt Disney and IBM based on their foreign affiliates' royalty payments on licensed intellectual property. For a decade, New York allowed companies that paid franchise taxes to deduct income received as royalty payments if the affiliates already paid a state tax on the same income, as long as companies included the royalty payments when calculating their own taxable income. However, the affiliates operate overseas and thus are not subject to that provision, and royalty deductions do not apply. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 23, 2024, Case #: 34, Categories: Corporations, Commerce, Tax
J. Cannataro finds that the appellate division properly held that defendant could be assigned a sex offender classification level before prison release even though he was confined elsewhere at the time due to his deteriorating mental state. A competency hearing was not needed first because the process for classifying defendants offers sufficient due process safeguards. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: February 22, 2024, Case #: 10, Categories: Competence, Sex Offender, Due Process
J. Cannataro finds that defendant was properly convicted of aggravated vehicular homicide and manslaughter for causing a three-car accident that killed one person and seriously injured four others. Defendant contends his trial rights were violated since he could not gauge prospective jurors due to Covid-19 protocols requiring that they wear face masks unless being questioned individually, but defendant did not have a specific right to an unobstructed view of every potential juror's face during the selection process. Affirm.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: February 20, 2024, Case #: 13, Categories: Constitution, Jury, Vehicular Homicide
J. Cannataro finds that the appellate division should have upheld a directed verdict entered for a mother who sought to affix liability for her son's death by drowning while swimming in a creek near low-head dams. Neither the mother nor the joint-counties oversight board was due a directed verdict on evidence that was insufficient to eliminate questions as to whether ownership of the dams ran with the land under them or had been transferred to the board by the federal agency that built them. Because the jury followed a rational process at trial and found the board not liable, remittal is necessary to reinstate that verdict.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: January 16, 2024, Case #: 08, Categories: Civil Procedure, Property, Wrongful Death
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J. Cannataro finds that the appellate division should have suppressed evidence uncovered during a traffic stop when a drug-sniffing dog alerted that defendant likely had narcotics in his pants because whether the dog made actual contact with defendant was immaterial since his "personal dignity" and privacy were violated by the police-directed sniffing. Meanwhile, the appellate division lacked jurisdiction to resolve whether reasonable suspicion existed to justify the sniff-search since the lower court had not entered an adverse decision on that issue. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: December 19, 2023, Case #: 95, Categories: Drug Offender, Search
J. Cannataro finds that the appellate division properly upheld the attorney general's finding that a physician was not owed a defense in a third-party action stemming from a state prison inmate's claims of injury by malpractice. While professional service providers "acting at the request" of a state agency may be indemnified, the physician had no agreement with the prison system to treat the inmate. Rather, he provided pathology services under contract to a regional medical center where the inmate's biopsy had been sent by a doctor who saw inmates at the prison and had privileges at the center. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: December 14, 2023, Case #: 88, Categories: Indemnification, Medical Malpractice
J. Cannataro finds that the tax appeals tribunal properly determined that a company's former president and majority shareholder had been responsible for collecting and paying employee withholding taxes. Although relieved of duties by a silent investor, the president had sworn to actual authority and power to pay the taxes at the time, and ample evidence supported the holding that he willfully failed to pay such. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: November 20, 2023, Case #: 86, Categories: Tax
J. Cannataro finds that the appellate division improperly dismissed negligent supervision and retention claims contending a charitable foundation had been defrauded of $25 million by the employee of an investment adviser. At the pleading stage, the complaint adequately alleged the adviser was on notice of the employee's propensity for fraud, which included embezzling from the firm itself prior to working with the foundation, and a customer relationship was not necessary to bring negligent supervision claims. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: June 13, 2023, Case #: 52, Categories: Fraud, Negligence
J. Cannataro finds that the appellate division improperly rejected claims that defendant's right to a public trial was violated when his murder trial was closed midway through the proceedings in response to the purported atmosphere of intimidation created by certain spectators because a hearing had not been held on the need or scope of closure. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: May 23, 2023, Case #: 41, Categories: Constitution
J. Cannataro finds that the appellate division properly held that a city could relinquish authority to collect delinquent taxes to its home county through enactment of a local law repealing its collections role. St. Lawrence County objected on grounds that it would be forced to pursue tax delinquents from the city of Ogdensburg and Ogdensburg school district, but the result was "simply a consequence" of the state legislature giving cities the ability to revoke tax foreclosure responsibilities. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: May 23, 2023, Case #: 43, Categories: Municipal Law, Tax