Argued November 20, 1981 Decided January 19, 1982 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH COHEN, J. Sheri Lynn Johnson and William E. Hellerstein for appellant. Mario Merola, District Attorney (Robin R. Dolsky, Alan D. Marrus and Timothy J. McGinn of counsel), for respondent. FUCHSBERG, J. In the main, we are asked to say whether the admission at trial of an unavailable witness' preliminary hearing testimony constituted an unconstitutional

November 21, 1991 Appeal from the Supreme Court, New York County, Budd G. Goodman, J. Colin Aldrin Fieman of counsel (Beth J. Thomas with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant. Barry A. Weinstein of counsel (Elliot H. Fuld with him on the brief; Goldstein, Weinstein Fuld, attorneys), for respondent. ELLERIN, J. At issue on this appeal is the permissible scope of review of a jury verdict by a trial court upon a motion to set aside the verdict under CPL

3294. Decided April 1, 2004. Judgment, Supreme Court, New York County (Renee White, J. on speedy trial motion; Harold Beeler, J. at jury trial and sentence), rendered April 25, 2001, convicting defendant of robbery in the first degree (two counts) and robbery in the second degree, and sentencing him, as a persistent violent felony offender, to an aggregate term of 20 years to life, unanimously affirmed. Mary C. Farrington, for Respondent. Michael E. Lipson, for Defendant-Appellant. Before: Mazzarelli

Argued September 18, 1997 Decided October 23, 1997 APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered August 5, 1996, which affirmed a judgment of the Supreme Court (John J. Clabby, J., and Steven W. Fisher, J., at trial; Steven W. Fisher, J., at sentence; see, 158 Misc.2d 397), rendered in Queens County upon a verdict convicting defendant of kidnapping in the first degree, rape

Nos. 2007-05151 (Ind. No. 1780/06). January 27, 2009. Appeal by the People from an order of the County Court, Nassau County (Kase, J.), dated May 11, 2007, which granted the defendant's application pursuant to CPL 290.10 (1) to set aside a jury verdict convicting him of robbery in the first degree (three counts) under counts one, two, and three of the indictment, robbery in the second degree (three counts) under counts seven, eight, and nine, criminal use of a firearm in the first degree (two counts)

June 17, 1993 Appeal from the Supreme Court, New York County, Shirley Levittan, J., Peter McQuillan, J., Charles Tejada, J. The Judge before whom the original hearing was held took ill, and could not decide the motion. A new Judge was assigned to the matter and, without notice to defendant, rendered a decision on the motion. This was in contravention of Judiciary Law § 21, which dictates that a Judge (other than on an Appellate Division or the Court of Appeals) "shall not decide or take part in the