Month: November 2016

Man’s Sexual Tendencies Properly Admitted to Jury

–by Darian Niforatos Citations: People v. Brewer, 2016 N.Y. LEXIS 3495 (2016); People v. Molineux, 61 N.E. 286 (N.Y. 1901). Abstract: The issue surrounding this case was whether the trial court erred in allowing the People to submit evidence of the

Posted in Evidence, Legal Pulse, Trial Practice

Prosecutors Can Impeach with Inconsistent Statements to Police

–by Emily Keable Citations: People v. Chery, 2016 N.Y. Lexis 3459 (2016); People v. Savage, 409 N.E.2d 858 (N.Y. 1980). Abstract: When a defendant’s initial statements to the police differ from the testimony the defendant provides at trial, the prosecution is

Posted in Evidence, Legal Pulse, Trial Practice

NYS Law Passed to “Put an End to Airbnb” in NYC; Airbnb has Rushed to Sue for a Preliminary Injunction

–by Carlie Roman Citations: https://www.nysenate.gov/legislation/bills/2015/S6340/amendment/A; http://www.wsj.com/articles/airbnb-in-talks-to-settle-new-york-lawsuit-1477959169 ; http://www.nytimes.com/2016/10/22/technology/new-york-passes-law-airbnb.html?_r=0 ; http://www.nydailynews.com/new-york/nyc-marathon-runners-race-airbnb-new-state-law-article-1.2859787 Abstract: Last month, Governor Andrew Cuomo signed a law that can impose up to $7,500 in fines for advertising illegal short-term apartment rentals in New York City (“NYC”). One common example

Posted in Legal Pulse, Real Property

School Boards Forced to Submit to Local Zoning Schemes in Building Athletic Facilities

—by Samuel Cohen Sources: John Wolohan & Samuel Cohen, Zoning Regulations Dismantle School’s Bleachers, Athletic Bus., Nov. 2016, at 22; Jeff Gruba v. Community High School District No. 1, 40 N.E.3d 1 (Ill. 2015) Abstract: On September 24, 2015, the

Posted in Legal Pulse, Zoning and Land Use

New York State Senate Seeks to Stop Scalpers

—by Conor Tallet Sources: S.B. S6931C, 2015-2016 Reg. Sess. (N.Y. 2016); Andrew J. Lanza, Senate Passes Lanza’s Bill to Help Stop “Bots” from Ruining Consumers’ Chances of Buying Concert and Other Event Tickets (May 25, 2016) https://www.nysenate.gov/newsroom/articles/andrew-j-lanza/senate-passes-lanzas-bill-help-stop-bots-ruining-consumers-chances; Jim Zarroli, Can’t Buy

Posted in Entertainment Law, Internet Law, Legal Pulse

Justice Department Rejects Forensic Science Recommendations; Critics Disapprove

—by Jennifer Pratt Abstract: Attorney General Loretta Lynch opted not to adopt any recommendations set forth in a report to the President about the unreliability of scientific testing in court settings.  Critics fear this may lead to increased numbers of

Posted in Evidence, Legal Pulse