Tuesday, June 7, 2011

Daily Opinion Summaries for New York Court of Appeals - 06/07/2011

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Daily Opinion Summaries
New York Court of Appeals

June 07, 2011 FindLaw.com Daily Opinion Summaries Newsletter

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

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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...

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