13 results for 'judge:"Halligan"'.
J. Halligan finds that the appellate division improperly held that defendant's confrontation rights were violated when the state introduced a standardized form of pedigree information suggesting that defendant lived in a basement where a gun allegedly used in a road rage incident had been discovered. The form is prepared for all New York City arrestees to assist in bail decisions and thus had not been created primarily for trial testimony. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 25, 2024, Case #: 39, Categories: Confrontation, Evidence
J. Halligan finds that the appellate division improperly accepted non-eyewitness testimony from a police detective to identify defendant in grainy surveillance video as the party who fired three shots into a van on a city street. The detective contends he knew defendant's build and mannerisms from their interactions, but the detective's familiarity with defendant was not likely superior to the jury's ability to determine identity. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 23, 2024, Case #: 23, Categories: Witnesses, Identification
J. Halligan answers a certified question by finding that New York law allows personal jurisdiction to be extended when a successor entity entirely assumes a predecessor's assets and liabilities but the parties do not merge. Long-arm jurisdiction had been established over claims contending a foreign bank's U.S. transfers provided assistance to Hezbollah by financing terrorist rocket attacks that harmed U.S. citizens in Israel in 2006. Under the theory of successor jurisdiction, after another foreign bank purchased the assets and liabilities, it also took on the predecessor's specific personal jurisdiction in New York.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 18, 2024, Case #: 29, Categories: Tort, Terrorism, Jurisdiction
J. Halligan finds that the appellate division properly held that an attorney established entitlement to fees in a medical malpractice action as he calculated them. His client claimed legal malpractice and sought plenary action under judiciary law for alleged deceit on the court, which she was permitted to bring as opposed to solely seeking vacatur on appeal. However, she failed to raise triable issues on whether the attorney's calculations amounted to false statements. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: March 19, 2024, Case #: 18, Categories: Legal Malpractice, Attorney Fees
J. Halligan finds that the appellate division properly held that the operator of multiple restaurants was properly denied insurance coverage after being forced to suspend in-person dining early in the Covid-19 pandemic. The operator failed to demonstrate the insurer breached the contract on business-interruption losses because the policy covered direct physical loss or damage, which required a material change or "complete and persistent dispossession" of the insured property. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: February 15, 2024, Case #: 07, Categories: Insurance, Covid-19
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Halligan finds that the lower court improperly upheld defendant's conviction for harassing his mother even though not all pertinent evidence had been turned over when the prosecution filed a certificate of compliance in discovery. State-enacted reforms more closely link discovery and trial-readiness, while belated disclosure requires dismissal on speedy-trial grounds, especially that caused by the lack of due diligence. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: December 14, 2023, Case #: 92, Categories: Criminal Procedure, Speedy Trial, Discovery
J. Halligan finds that defendant was improperly convicted of possession of a weapon based on evidence discovered in a vehicle inventory search after defendant was arrested during a traffic stop because he was prejudiced by the introduction of defendant's prior run-ins with police over weapons possession. Defendant failed to preserve his challenge to the conviction entered under a New York law criminalizing unlicensed possession of a firearm outside his home or business because he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 62, Categories: Firearms, Search, Jury Instructions
J. Halligan finds that the appellate division properly limited questions concerning jurors' personal views on self-defense while allowing broader questions on gun licensing and gun control in defendant's trial for possession of a weapon. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 66, Categories: Criminal Procedure, Firearms, Jury
J. Halligan finds that the appellate division improperly held that defendant had not been in custody when police questioned him on a residential street about guns in the trunk of his car because handcuffing defendant restricted free movement akin to a formal arrest, which necessitated Miranda warnings. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside the home or business since he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 65, Categories: Criminal Procedure, Firearms, Miranda
J. Halligan finds that the appellate division properly held that an inventory search of an illegally parked vehicle slated to be towed had not been performed as pretext to uncover two handguns and money. Defendant contends police failed to consider alternatives to towing as outlined in department procedures, but no such valid option was available. Meanwhile, defendant failed to challenge being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 67, Categories: Criminal Procedure, Firearms, Search
J. Halligan answers a reformulated certified question by finding that failing to provide written notice of assignment deprives a purported assignee of contractual standing to bring a claim against an insurer. Restrictions had not been placed on making the assignment, but the policy contained a provision requiring receipt of notice to effectuate any transfer of ownership rights.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 20, 2023, Case #: 77, Categories: Civil Procedure, Insurance
J. Halligan finds that the appellate division improperly held that defendant was not subject to restrictions from living near schools after being adjudicated as a youthful offender for rape because the law governing the release of sex offenders states that restrictions apply to anyone "serving a sentence," which includes youthful offenders. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 46, Categories: Juvenile Law, Sentencing, Sex Offender
J. Halligan finds that the appellate division properly remitted defendant's recidivism classification based on the incorrect calculation of his sex offender risk assessment score. Correcting the error on remittal was within the court's authority, but a higher risk level remained available upon taking a full look at defendant's behavior. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 50, Categories: Criminal Procedure, Sentencing, Sex Offender