Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Sentencing • People v. Steward Criminal Law & Procedure, Sentencing, Evidence • People v. Sirico Civil Procedure, Contracts • Aquavella v. Viola Civil Procedure, Corporation & Enterprise Law, Contracts, Corp. Governance • Centro Empresarial Cempresa S.A. v. America Movil, S.A.B. de C.V. Civil Procedure, Contracts, Property Law & Real Estate • Arfa v. Zamir Criminal Law & Procedure, Sentencing • People v. Pacquette Get free FindLaw Case Law Feeds - Auto Notifications From 80+ Courts! FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com. LATEST SUMMARIES Criminal Law & Procedure, Sentencing People v. Steward, No. 108 Conviction and sentencing of defendant for two counts of robbery in the first degree and one count of robbery in the second degree are vacated where trial court abused its discretion by imposing a five-minute limitation on counsel for the questioning of jurors during each round of voir dire. Read more... Criminal Law & Procedure, Sentencing, Evidence People v. Sirico, No. 116 Conviction and sentencing of defendant for murder in the second degree, Penal Law section 125.25(1), are upheld where trial judge properly denied defendant's motion for an intoxication instruction because there was insufficient evidence of intoxication in the record to warrant such instruction. Read more... Civil Procedure, Civil Procedure, Contracts, Contracts Aquavella v. Viola, No. 177 In an action for breach of an oral agreement, judgment of the appellate division is affirmed where submitted writings failed to satisfy the statute of frauds, General Obligations Law section 5-701(a)(1). Read more... Civil Procedure, Civil Procedure, Corporation & Enterprise Law, Contracts, Corp. Governance Centro Empresarial Cempresa S.A. v. America Movil, S.A.B. de C.V., No. 93 In an action alleging fraudulent inducement in the selling of ownership interests in a company plaintiffs co-owned with defendants, judgment of the appellate division is affirmed where action is barred by release, CPLR 3211(a)(5). Read more... Civil Procedure, Contracts, Property Law & Real Estate Arfa v. Zamir, No. 92 In an action for fraud arising from a liability release provision contained in a real estate transaction agreement, dismissal of action is affirmed where plaintiffs failed to allege that the release was induced by a separate fraud and that they justifiably relied on defendant's fraudulent misstatements in executing the release. Read more... Criminal Law & Procedure, Sentencing People v. Pacquette, No. READ Conviction and sentencing of defendant for possession of a loaded firearm outside the home or business, Penal Law section 265.03(3), are upheld as modified where any error in judgment of the trial court denying defendant's motion to suppress statements made by him outside the presence of an attorney was harmless because the evidence of defendant's guilt was overwhelming. Read more... Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. | Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. | Advertising Information For more information about advertising in FindLaw Newsletters, click here. | 800 W. California Ave., Sunnyvale, CA 94086 | |
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