§Why CasetextPricing

The People, Respondent,v.Roy S. Kangas, Appellant.

Brief

13 Cited authorities

  1. People v. Cratsley

    86 N.Y.2d 81 (N.Y. 1995)   Cited 274 times
    Noting that lay witnesses may testify as to a party's capacity to make decisions and "the victim's ability to function in society"

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

    41 N.Y.2d 205 (N.Y. 1976)   Cited 407 times

    Argued October 12, 1976 Decided December 22, 1976 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE STARKE, J. W. Bernard Richland, Corporation Counsel (James G. Greilsheimer and L. Kevin Sheridan of counsel), New York City, for appellant. Frederick R. Livingston, Jay W. Waks and William C. Zifchak, New York City, for respondent. Louis J. Lefkowitz, Attorney-General (George D. Zuckerman and Samuel A. Hirshowitz of counsel), New York City, for intervenor

  3. People v. Mertz

    68 N.Y.2d 136 (N.Y. 1986)   Cited 166 times
    Concluding that under per se statute, proof of BAC of .10% or more within two hours after arrest establishes prima facie evidence of driving under the influence which together with other evidence of intoxication is sufficient to sustain a conviction, absent evidence from which the trier of fact could conclude that the defendant was under .10% at the time of driving such as expert testimony

  4. Majewski v. Broadalbin-Perth Central School District

    (N.Y. May. 12, 1998)   Cited 75 times
    In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."

  5. Standard Textile Co. v. National Equipment Rental, Ltd.

    80 A.D.2d 911 (N.Y. App. Div. 1981)   Cited 62 times
    In Standard Textile Co. v National Equip. Rental (80 AD2d 911 [2d Dept 1981]), the Court stated that "the mere filing of papers received from other entities, even if they are retained in the regular course of business, is insufficient to qualify the documents as business records."

  6. Bank Hapoalim B.M. v. WestLB AG

    121 A.D.3d 531 (N.Y. App. Div. 2014)   Cited 9 times

    2014-10-21 BANK HAPOALIM B.M., et al., Plaintiffs–Appellants, Arab Banking Corporation B.S.C., et al., Plaintiffs, v. WESTLB AG, etc., et al., Defendants–Respondents. Brown Rudnick LLP, New York (Marek P. Krzyzowski of counsel), for Justinian Capital SPC, appellant. Hughes Hubbard & Reed LLP, New York (Christopher M. Paparella of counsel), for respondents. ACOSTA Brown Rudnick LLP, New York (Marek P. Krzyzowski of counsel), for Justinian Capital SPC, appellant. Hughes Hubbard & Reed LLP, New York

  7. People v. Burdick

    72 A.D.3d 1399 (N.Y. App. Div. 2010)   Cited 6 times

    No. 102096. April 29, 2010. Appeal from a judgment of the County Court of Otsego County (Burns, J.), rendered December 7, 2007, upon a verdict convicting defendant of the crime of grand larceny in the third degree. Joseph Nalli, Fort Plain, for appellant. John M. Muehl, District Attorney, Cooperstown (Michael F. Getman of counsel), for respondent. Before: Lahtinen, Malone Jr., Stein and Garry, JJ., concur. Peters, J.P. Defendant was charged in a one-count indictment with grand larceny in the third

  8. People v. Rath

    41 Misc. 3d 869 (N.Y. Dist. Ct. 2013)   Cited 3 times

    2013-09-25 The PEOPLE of the State of New York, v. Walter RATH, Defendant. Kathleen Rice, Nassau County District Attorney. Scott Lockwood, Esq., attorney for Defendant. ANDREW M. ENGEL Kathleen Rice, Nassau County District Attorney. Scott Lockwood, Esq., attorney for Defendant. ANDREW M. ENGEL, J. The Defendant was charged with driving while intoxicated per se, driving while intoxicated, disobeying a traffic control device, making an unsafe lane change, failing to use due care for an emergency vehicle

  9. People v. Hernandez

    31 Misc. 3d 208 (N.Y. City Ct. 2011)   Cited 2 times

    No. 10-14889. January 26, 2011. Michael C. Green, District Attorney (Matthew McGrath of counsel), for plaintiff. Todd Wisner for Joseph J. Hernandez, defendant. Michael C. Green, District Attorney (Matthew McGrath of counsel), for plaintiff. Louis Asandrov for Jennifer L. Merrell, defendant. OPINION OF THE COURT THOMBV RAINBOW MORSE, J. During the bench trials of Mr. Hernandez and Ms. Merrell this court was called upon to rule on the admissibility of four breath test foundational documents in separate

  10. Am. Express Bank v. Zweigenhaft

    38 Misc. 3d 1218 (N.Y. Civ. Ct. 2013)

    No. CV–20740–12/KI. 2013-01-29 AMERICAN EXPRESS BANK, FSB, Plaintiff, v. Efraim ZWEIGENHAFT aka Efraim M. Zweigenhaft, Defendant. American Express Legal by Peter F. Coates, Esq., for Plaintiff. Efraim Zweigenhaft, pro se. NOACH DEAR American Express Legal by Peter F. Coates, Esq., for Plaintiff. Efraim Zweigenhaft, pro se. NOACH DEAR, J. This is an consumer credit action wherein Plaintiff American Express Bank, FSB (henceforth, “Plaintiff” or “Amex”) seeks $16071.80 based on claims of breach of contract

  11. Section 302 - Definitions

    N.Y. State Technology Law § 302   Cited 32 times

    For the purpose of this article: 1. "Electronic" shall mean of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 2. "Electronic record" shall mean information, evidencing any act, transaction, occurrence, event, or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities. 3. "Electronic signature" shall mean an electronic sound, symbol