Federal Rule of Evidence 801
Recent changes have been made to Federal Rules of Evidence 801, which focuses on exclusions from heresy. Statements defined as heresy are statements that a declarant did not make while… Read more »
Author Archives: Christopher Baiamonte
Federal Rule of Civil Procedure 26(b)(1)
As it currently stands, the text of FRCP 26(b)(1) states the following: “Parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense, including… Read more »
Coleson v. City of New York
This appeal stems from a negligence suit against the City of New York and the New York City Police Department (NYPD) and addresses what evidence is necessary to establish that… Read more »
People v. Allen
This appeal addresses whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. The appellant/defendant,… Read more »
People v. On Sight Mobile Opticians
This appeal addresses the severability of a municipal ordinance section and the constitutionality of a content-neutral restriction on the posting of signs on public property. The defendant, On Sight Mobile… Read more »
Rigano v. Vibar Const., Inc.
The issue decided in the case is whether a notice of mechanic’s lien can be amended nunc pro tunc to reflect the name of the true owner of the property… Read more »
Liberty Affordable Housing Inc. v. Maple Court Apartments
In this appeal, the Fourth Department examined whether the Court of Appeals decision in Rovello v. Orofino Reality Co., which held that under New York Civil Practice Law and Rules… Read more »
People v. Marquan M.
This appeal involves a sixteen-year-old high school student that anonymously posted pictures of high school classmates and other adolescents with sexually explicit descriptions of their personal lives on Facebook. A… Read more »
People v. Johnson
This appeal addresses whether a defendant’s right to counsel has been violated when he attempts to gain leniency for one crime by discussing another crime and ultimately incriminates himself for… Read more »
LM Bus. Assocs., Inc. v. State of New York
The State Insurance Fund, the State Police, and the Workers’ Compensation board investigated Mark Boerman for fraudulent activities. During the investigation, the State Police were granted a search warrant and… Read more »