9 results for 'judge:"Troutman"'.
J. Troutman finds that the appellate division improperly held that rehabilitation mandates for paroled sex offenders confined to prison residential treatment facilities were met through internal state programs. The offenders remained in these facilities because they could not secure community housing away from schools, and they should not have been categorically denied access to educational, training, and employment programs outside the prison. While the appeal was mooted by plaintiffs' release, the exception to the mootness doctrine applied because the issues would likely recur. Reversed in part.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: April 25, 2024, Case #: 32, Categories: Civil Procedure, Prisoners' Rights
J. Troutman finds that defendant was improperly convicted of selling drugs based on an undercover officer's distant observation of a drug buy because the suppression hearing determined that probable cause had been insufficient to arrest defendant. Thus, a new trial must be held, preceded by an independent source hearing on the admissibility of the officer's in-court identification. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: April 23, 2024, Case #: 38, Categories: Search, Identification
[Consolidated.] J. Troutman finds that the appellate division improperly affirmed granting late notices of claim against the City of New York by two men who separately alleged harm through a jailhouse beating and malicious prosecution. In neither case did the man provide sufficient sworn evidence of intentional tort, nor was any court inquiry made into whether the city had independent knowledge of purported employee conduct that led to the claims. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 21, 2024, Case #: 15, Categories: Civil Procedure, Tort
J. Troutman finds that the appellate division properly vacated defendant's conviction for first-degree murder in a gang-related slaying after finding that an element of the crime was not supported by legally sufficient evidence. While testimony showed defendant boasted of stabbing the teenage victim in the neck, and he and his co-defendants engaged in a "course of conduct" that included using knives and machetes, missing was the necessary first-degree element of taking pleasure in delivering the fatal wound that caused the victim to bleed out while trying to get to a hospital. Affirmed in part.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 19, 2024, Case #: 21, Categories: Intent, Murder
J. Troutman answers a reformulated certified question by finding that Venezuelan law governs the validity of notes offered for swap by a state-owned oil company to avoid default. While documents outlining the exchange of older, unsecured notes for newer, secured ones contained a choice-of-law provision, New York's uniform commercial code specifies that the laws of the issuer's jurisdiction apply, and the swap was not authorized as required by the Venezuelan National Assembly. New York law, however, will determine all other aspects of the transaction under the uniform commercial code, including any consequences of a defect in a security's validity.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: February 20, 2024, Case #: 06, Categories: Securities, Choice Of Law, Contract
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J. Troutman finds that the appellate division improperly held that the workers' compensation law judge lacked discretion to deny the request to cross-examine a physician concerning claims stemming from carpal tunnel syndrome because the plain language of the law permits employers to seek adjournments in order to call attending physicians whose reports are on file. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: December 12, 2023, Case #: 87, Categories: Civil Procedure, Experts, Workers' Compensation
J. Troutman finds that the appellate division properly upheld defendant's conviction for weapon possession after a loaded firearm was found in his vehicle when marijuana was observed therein at a traffic safety checkpoint. Defendant challenged being singled out, but officers were merely stopping every third car at the roadblock and the marijuana was plainly visible. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of a home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: November 21, 2023, Case #: 63, Categories: Criminal Procedure, Firearms, Search
J. Troutman finds that the appellate division properly held that New York's adoption of federal motor carrier rules requiring electronic logging devices on commercial vehicles to track driver hours is constitutional, as roadside safety inspections fall within the administrative search exception to warrants and thus do not constitute unreasonable searches. Affirmed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: June 13, 2023, Case #: 45, Categories: Administrative Law, Constitution, Vehicle
J. Troutman finds that the appellate division improperly upheld defendant's conviction for criminal contempt and aggravated family offense stemming from a confrontation with a former girlfriend at her apartment. The family offense count must be dismissed as jurisdictionally defective because the charge did not specify which of dozens of possible misdemeanors may have been committed. Reversed in part.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: May 18, 2023, Case #: 38, Categories: Criminal Procedure, Contempt