april 15, 2008 - Criminal Law Library Blog

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arbitration clause in the separation agreement, the parties were directed to arbitration (25 AD3d 526 [2006], lv denied 6 NY3d 711 [2006]), where petitioner also sought post-March 2004 arrears. The arbitrator found that the parties’ incomes are nearly equal and ruled that neither should be required to pay the other child support for the child in the other’s custody. Petitioner fails to show that award does not comply with the Child Support Standards Act (Domestic Relations Law § 240[1-b]) or is otherwise not in the best interests of the children (see Frieden v Frieden, 22 AD3d 634 [2005], lv denied 6 NY3d 712 [2006]). We have considered petitioner’s other arguments and find them unavailing. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: APRIL 15, 2008 _______________________ CLERK 18
Lippman, P.J., Tom, Williams, Acosta, JJ. 3398 The People of the State of New York, Ind. 4657/00 Respondent, -against- Robert Wright, Defendant-Appellant. _________________________ Richard M. Greenberg, Office of the Appellate Defender, New York (Gregory S. Chiarello of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio of counsel), for respondent. _________________________ Judgment, Supreme Court, Bronx County (William I. Mogulescu, J. on speedy trial motion; Michael A. Gross, J. at jury trial and sentence), rendered May 3, 2002, convicting defendant of assault in the first degree, and sentencing him to a term of 16 years, unanimously affirmed. The court properly denied defendant’s speedy trial motion. The dispositive issue is whether the People’s declarations of readiness were rendered illusory by the undisputed fact that, on the dates in question, they were not yet in possession of forensic evidence and medical records that they ultimately introduced at trial. We find no basis for finding these unequivocal announcements of present readiness to be illusory. There is nothing in CPL 30.30 to preclude the People from declaring their present readiness, but still gathering additional evidence to strengthen their case. Moreover, “neither statute 19
Page 1 and 2: SUPREME COURT, APPELLATE DIVISION F
Page 3 and 4: Lippman, P.J., Tom, Williams, Acost
Page 5 and 6: Danann Realty Corp. v Harris, 5 NY2
Page 7 and 8: Circle Rubbish launched “a force
Page 9 and 10: classes, and scheduling visits with
Page 13 and 14: was cut too deep. Defendants’ the
Page 17: Lippman, P.J., Tom, Williams, Acost
Page 21 and 22: witnesses and collective tailoring
Page 23 and 24: stipulated to the grounds, and the
Page 29 and 30: Mullaney v Wilbur, 421 US 684 [1975
Page 33 and 34: liability claims “share few, if a
Page 35 and 36: ecords of drug transactions and def
Page 37 and 38: argument that this testimony invade
Page 39 and 40: in the 12 hours prior to plaintiff
Page 41 and 42: individual as the sole tenant in th
Page 43 and 44: opposed the motion, and pending the
Page 45 and 46: that defendant’s vehicle was regi
Page 47 and 48: arrests respectively. In fact, one
Page 49 and 50: inmate-victim who vaguely claimed t
Page 51 and 52: CATTERSON, J. (dissenting) Because
Page 53 and 54: person that’s in the cell closest
Page 55 and 56: evidence that anyone had intimidate
Page 57 and 58: him. See People v. Harte, 29 A.D.3d
Page 59 and 60: summary judgment on his Labor Law
Page 61 and 62: aise a triable issue as to construc
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Page 65 and 66: Gonzalez, J.P., Williams, Catterson
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interest of justice. As an alternat
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Mazzarelli, J.P., Andrias, Friedman
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leave to amend the complaint to ass
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in the first degree. After being de
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decline to review it in the interes
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panelist understood that he needed
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to be compensated for its services
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Lippman, P.J., Saxe, Nardelli, Will
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Lippman, P.J., Tom, Mazzarelli, And
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Tom, J.P., Andrias, Friedman, Gonza
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Gonzalez, J.P., Nardelli, Buckley,
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The Following Orders Were Entered A
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april 15, 2008 - Criminal Law Library Blog

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