Case law

People v. Sabb

2026 NY Slip Op 01590 · New York Court of Appeals · Mar 19, 2026

of considering pre-sentence reports "before imposing sentence for a felony" (Staff Comment of Temp St Commn on Rev of Penal Law & Crim Code, 1967 Proposed NY CPL 200.20 at 261) and "strengthen[ed] th[at] policy . . . by clearly … [to] immunize plea negotiations from indiscriminate potshots" ( People v Frederick , 45 NY2d 520, 525 [1978]).

Patrolmen's Benevolent Ass'n of the City of New York Inc. v. City of New York

97 N.Y.2d 378 · New York Court of Appeals · Dec 20, 2001

where a statute contained a grandfather clause providing that the local laws of 14 localities were not repealed because they were enacted before the effective date of the statute, this Court held that the State statute “was clearly … Thus, in order to determine whether an impasse exists as to “conditions of employment,” PERB must be authorized to determine what qualifies as a proper condition of employment because if the impasse does not relaté to a condition

The People v. Reginald Goldman

New York Court of Appeals · Oct 22, 2020

The right to one’s person may be said to be a right of complete immunity; to be let alone”] [internal quotation omitted]). … Clearly, then, law enforcement may protect its investigatory process.

Anderson v. . Fidelity Casualty Co.

228 N.Y. 475 · New York Court of Appeals · Apr 20, 1920

in a public place awaiting and accepting for carriage, subject to reasonable regulations which will be discussed later, any member of the public who desired it, and upon terms apparently uniform and common to all, seems clearly … As has been said in a thoughtful discussion of this general question in respect of this particular feature, “ It would seem that in every case of general obligation to serve, the custom of service qualifies the nature of

People v. Alexis Rodriguez

New York Court of Appeals · Apr 2, 2019

-3-  -4- SSM No. 2 Defendant also waived immunity and testified before a grand jury regarding … The People respond that “[t]he agreement clearly contemplated [defendant’s] continued cooperation and explicitly expanded the scope of the cooperation so that the People would be free to utilize [defendant] as a witness

People Ex Rel. Devery v. . Coler

173 N.Y. 103 · New York Court of Appeals · Jan 6, 1903

All this would simply prove that the original legislation establishing the pension scheme was void so far as it led to any such result. … expressed or necessarily implied purpose, is as clearly void as if in express terms forbidden.”

International Union of Painters & Allied Trades, Dist. Council No. 4 v. New York State Dept. of Labor

32 N.Y.3d 198 · New York Court of Appeals · Oct 18, 2018

Here, there is no unambiguous text with which the DOL's interpretation clearly conflicts. … Clearly "as such" means "as apprentices," and the sentence goes on to set the conditions for obtaining that status.

Marine National Bank v. National City Bank

14 N.Y. 67 · New York Court of Appeals · Nov 17, 1874

Y., 702 ), that motions for reargument of cases heard and decided, should be founded on papers showing clearly some one of these facts, and to this general rule the court proposes to adhere, and motions for reargument will … Neal (3 Burr., 1354), applied to meet the varying circumstances of individual cases, and they are all harmonious and consistent with each other, and the well established doctrine upon which they rest.

Farmers & Mechanics' Bank v. Butchers & Drovers' Bank

4 N.Y. 623 · New York Court of Appeals · Jul 1, 1856

In such a case, I feel no hesitation in reexamining the question supposed to have been decided in the appellate court; and I am clearly of opinion that the case of The North River Bank v. … It is reasonable to require a party proposing to purchase such securities, to ascertain in the first instance whether the instrument is entitled to the immunities of negotiable paper; and whether the same, if duly issued,

Northeast Central School District v. Sobol

79 N.Y.2d 598 · New York Court of Appeals · Jun 9, 1992

special education program may necessarily involve contracting with another school district for special services or programs where appropriate services are otherwise unavailable (Education Law § 4401 [2] [b]), the Commissioner clearly … The State, to implement the Federal program and further its expressed purpose, established an elaborate program, supplemented by regulations of the Commissioner, to identify qualifying students and their needs, to review

The People Ex Rel. Furman v. . Clute

50 N.Y. 451 · New York Court of Appeals · Dec 10, 1872

“that they cannot be said to afford any precise or useful principle” *465 (1 Peckwell, 500); and learned counsel, arguing in support of the principle now claimed by the relator, has conceded that “ no fixed principle is established … We think that the rule is this: the existence of the fact which disqualifies, and of the law which makes that fact operate to disqualify, must be brought home so closely and so clearly to the knowledge or notice of the elector

Metropolitan Bank v. . Van Dyck

27 N.Y. 400 · New York Court of Appeals · Sep 5, 1863

In another part of the opinion it was intimated that the means, in order to be legitimate, and to fall within the qualifying words, necessary and proper, must be such as were either needful, requisite or conducive to the … It clothed them with an immunity, but did not propose to render them instruments of coercion. Finding this distinction to exist, I do not think it proper to act upon the analogy which I have conceded.

AHA Gen. Constr. v. NYCHA

92 N.Y.2d 20 · New York Court of Appeals · Jun 11, 1998

Clearly, there is a dispute over whether certain drawings were part of the original Jennings contract. … Apparently recognizing the problem, respondent now asserts that on prior projects the parties established a practice whereby respondent would perform extra work as directed by the Authority with the expectation that a change

Day v. Jameson

3 Silv. Ct. App. 96 · New York Court of Appeals · Oct 7, 1890

The court qualified this by further charging the jury that the defendants were entitled to have adopted the price for which they actually sold the stock, assuming that they exercised good faith and reasonable skill in selling … It quite clearly appears that the sale was not made before November 29th, and for the purpose of its sale or delivery the certificates of the stock were returned by the plaintiff to the defendants on the 30th.

People v. . Burgess

153 N.Y. 561 · New York Court of Appeals · Oct 5, 1897

Whether he had been asleep during the entire journey, or how long he had remained in that condition, does not clearly appear from the narration of the event given by his mother. … It came from witnesses residing in the *462 West, so far as we can learn, entirely impartial, and it became the duty of the court and the jurors to consider her condition as established by the testimony of the witnesses.

Santer v. Board of Education

23 N.Y.3d 251 · New York Court of Appeals · May 6, 2014

Education Law § 3020-a (5) requires a court to review an arbitrator’s determination pursuant to CPLR 7511, which *261 permits vacatur of an award on three narrow grounds: “it violates a strong public policy, is irrational, or clearly … Grace, 461 US at 176 ), the demonstration here still qualifies as “expressive conduct” under Johnson .

Buechel v. Bain

97 N.Y.2d 295 · New York Court of Appeals · Dec 20, 2001

Defendants, moreover, have failed to establish the lack of a full and fair opportunity to litigate the validity of the fee agreement in the Rhodes action. … Moreover, Green v Santa Fe Indus. ( 70 NY2d 244 [1987]) is clearly distinguishable.

Campaign for Fiscal Equity, Inc. v. State

86 N.Y.2d 307 · New York Court of Appeals · Jun 15, 1995

Privileges and Immunities Clause of the Fourteenth Amendment of the United States Constitution. … The Court stated: "This, then, establishes the framework for our analysis.

People v. Corr

42 N.Y.3d 668 · New York Court of Appeals · Jun 20, 2024

Though their approaches differ, virtually every other state legislature has clearly established how time spent registered in another state is to be counted. … Footnote 1: Defendants assert federal and state constitutional challenges based on equal protection and due process, the right to travel, and the Privileges and Immunities Clause.

The Matter of City of Long Beach v. New York State Public Employment , Relations Board

New York Court of Appeals · Oct 25, 2022

Furthermore, notice and an opportunity to be heard plainly qualify as “procedures,” and here under the Taylor Law public employers must negotiate the details of those procedures (compare Prue, 78 NY2d at 367-369, with … For that reason, requiring negotiation does not clearly undermine the efficiencies that the legislature sought to create in enacting section 71.