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February 11, 2015 |

Conviction Tossed After Jacket Found Not 'Grabbable'

A majority of the First Department, in an opinion by Justice Rosalyn Richter suppressing evidence from a search of defendant's jacket, said that with the defendant "handcuffed inside a police car, the jacket ... outside lying on the vehicle's trunk," no exigent circumstance existed justifying the search.
4 minute read
February 06, 2015 |

Panel: Absence of Intent to Arrest Invalidated Search

The fact that a defendant could have been arrested for littering did not justify a search that turned up a pistol, the First Department said Tuesday, invoking a new standard governing searches incident to arrest adopted by the Court of Appeals last December.
3 minute read
December 08, 2014 |

Split Panel Rejects Search of Juvenile That Uncovered Gun

A Manhattan appeals panel upended a juvenile delinquency adjudication for a teenager found with a gun in his shoe after he had been taken to a police precinct, ruling the defendant should not even have been in custody for riding his bicycle the wrong way on a one-way street.
5 minute read
December 03, 2014 |

Ferraro Team Links Asbestosis Death to FPL

Janpaul Portal and Juan Bauta of the Ferraro Law Firm won a $5.67 million verdict on behalf of a Miami widow whose husband died of asbestosis in 2013 at 88.
3 minute read
October 06, 2014 |

Panel Suppresses Photos of Gun Found on Cellphone

After police recovered a pistol and arrested Christian Marinez, an officer searched his phone without a warrant and saw two photos of a firearm resembling the pistol. In a search warrant application, the officer said there was reasonable cause to believe evidence about Marinez's gun possession existed on his phone.
2 minute read
August 26, 2014 |

Restriction on Cross Examination Leads to New Trial

A trial judge violated a defendant's right of confrontation by curtailing cross-examination of his alleged accomplice, who had testified for the prosecution, a unanimous Manhattan appellate panel has ruled.
3 minute read
April 18, 2014 |

Split Court Faults Proof of Similar Ring Theft

A man accused of stealing a $30,000 diamond ring is entitled to a new trial because a judge allowed testimony from a woman who said that he stole rings from her as well under similar circumstances, a divided state appeals panel has ruled.
5 minute read

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