November - 2019

Cory Morris maintains and posts these case briefs for educational purposes only - this blog should not be construed as offering legal advice.

Accusatory Instrument Insufficient – Accusatory Instrument failed to allege that Marijuana was burni

Dismissed. Even though the Defendant pled guilty at the trial level, he appeals raising the defense that the accusatory instrument was...

For Cause Challenge to Juror Improperly Denied – New trial granted for Defendant

Defendant appeals from a judgment convicting him, upon a jury verdict, of sexual abuse in the first degree (Penal Law §130.65 [3]). New...

Traffic Stop Evidence Suppressed – Officer did not have the specific articulable basis to believe th

The New York Law Journal reported that “A temporary inspection sticker on a motor vehicle is insufficient justification for a police...

VTL §511 (Aggravated Unlicensed Operation of a Motor Vehicle) Counts are unconverted, People’s prior

In this New York City criminal case, the Defendant was charged by Superseding Information with Aggravated Unlicensed Operation of a Motor...

Second Department: NY CPL 440 motion to set aside the verdict granted – Was Defendant properly sente

In People v. Rivera, 2016 NY Slip Op 07036 (Second Department, October 26, 2016), the Court deals with the issue as to whether the...

Court Coerced Guilty Plea out of Defendant – Judgment Reversed, Guilty Plea Vacated

New York Criminal Defense Attorneys know that the criminal justice system is coercive, often resulting in people who are afraid of the...

Because the Residential Area of the Building could not be accessed from where he entered, Defendant’

In People v. Joseph, the New York Court of Appeals holds that Defendant’s Burglary Conviction cannot Stand because the Residential Area...

New York City Marijuana Arrest based on Tossed Joint thrown out because of Facial Insufficiency

New York Marijuana Arrests are especially high in New York City. No play on words intended. Smoking pot in public. Usually the defendant...

`Use of Cell Site Simulator, not otherwise available to the public, without Warrant was a Violat

The Fourth Amendment, just like the regulations of a driverless car, does not end with the advent of new technology. Here the use of a...

NY Sexual Offense Conviction Dismissed on Appeal

Slip and Fall Accident - Condition of Puddle Not Clearly Established

Prisoner held three weeks after he was due to be released is awarded $35,000

Court denies dismissal of DWI Charges - Not in the Interests of Justice

Reducing the term of supervised release can satisfy Article III’s case‐or‐controversy requirement

NYPD forced to respond to FOIL request. NYS Supreme Court Justice Moulton refuses to adopt Glomar Do

A plaintiff has a 42 U.S.C. §1981 cause of action for retaliation against a superior if she or he wa

ACLU’s request denied – although the Freedom of Information Act was to “ensure an informed citizenry

Article 78 Proceeding was premature – although significantly delayed, no final determination was iss

Motion for Summary Judgment Granted – Failure to produce clean boxer results in Breach of Contract

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