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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Decisions of Interest December 21, 2009

By David Badertscher, PLL

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U.S. COURT OF APPEALS, SECOND CIRCUIT
Civil Rights
Free With Registration: Circuit Rejects Post-9/11 Detainees' Claim They Were Illegally Held Longer Than Necessary
Turkmen v. Ashcroft

NEW YORK COUNTY
Evidence
Communications With Attorneys, Insurance Brokers Are Not Privileged
Mt. McKinley Insurance Co. v. Corning Inc.

NEW YORK COUNTY
Real Property

Equitable Lien to Proceeds Is Superior to Mechanic's Lien
Arbor Realty Funding LLC v. East 51st Street Development Co.

BRONX COUNTY
Criminal Practice

Prosecution Is Allowed to Reopen Case to Rebut Inference
People v. Gonzalez

KINGS COUNTY
Legal Profession

Plaintiff Cannot Collect Fees, Expenses in Declaratory Action
Fontilus v. Pereira

KINGS COUNTY
Insurance Law

Cardiac Problems Are Serious; Cardiologist Report Falls Short
Lewicki v. Gary Longshore and DHL Express USA Inc.

JEFFERSON COUNTY
Criminal Practice

Warrantless Search Does Not Fall Under Emergency Exception
People v. Saldana

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Admiralty

Special Verdict Awards in Jones Act Case Stand; Collateral Source Rule Applies to Half-Pay Sick Leave
Dumitrescu v. General Maritime Management Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

Alien With ICE Detainer Did Not Complete Drug Treatment, Is Not Entitled to Sentence Reduction
Mendez v. United States

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

Affidavit Supporting Search Warrant in Drug Smuggling Case Not Stale; Suppression Denied
United States v. Gayle

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

Counsel Not Ineffective in Case Charging Securities Agent With Bank Fraud Conspiracy
Strautmanis v. United States

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Constitutional Law

ACORN Granted Preliminary Injunction on Punitive Legislation Claimed Unconstitutional Bill of Attainder
ACORN v. United States

Full post as published by New York Supreme Court Criminal Term Library on December 21, 2009 (boomark / email).

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