Court of appeals new york
The Court of Appeals is the highest court in the state of New York, and it is the final court of appeal in the state's judicial system. Here are some key facts about the Court of Appeals in New York:
Jurisdiction: The Court of Appeals has jurisdiction over all appeals from the Appellate Divisions of the Supreme Court and the Appellate Term of the Supreme Court. It also has original jurisdiction over certain cases, such as those involving the constitutionality of a state law or the interpretation of a state constitutional provision.
Composition: The Court of Appeals consists of seven judges, known as judges of the Court of Appeals. The judges are appointed by the Governor of New York and confirmed by the New York State Senate. The Chief Judge of the Court of Appeals is the highest-ranking judge in the state and is responsible for overseeing the administration of the court.
Location: The Court of Appeals is located in Albany, New York, which is the state capital.
Appeals process: The appeals process in New York typically begins with a trial in a lower court, such as the Supreme Court or the Family Court. If a party is dissatisfied with the outcome of the trial, they can appeal the decision to the Appellate Division of the Supreme Court. If the Appellate Division affirms the lower court's decision, the party can then appeal to the Court of Appeals.
Types of cases: The Court of Appeals hears a wide range of cases, including:
- Civil cases, such as contract disputes and personal injury claims
- Criminal cases, such as appeals from convictions and sentences
- Family law cases, such as divorce and child custody disputes
- Administrative law cases, such as appeals from decisions made by state agencies
Opinions: The Court of Appeals issues written opinions in most cases, which are published in the New York Reports (NY) series. These opinions are binding on all lower courts in the state and are often cited in subsequent cases.
Recent notable cases: Some recent notable cases decided by the Court of Appeals in New York include:
- People v. LaValle (2020): The court held that a defendant's statement to police was not voluntary and therefore could not be used as evidence against him.
- Matter of A.M. (2020): The court ruled that a child's testimony in a child abuse case was admissible, despite the child's age and the potential for coaching.
- Matter of the City of New York v. New York State Department of Environmental Conservation (2020): The court held that the City of New York had the authority to regulate the use of certain pesticides in its parks.
I hope this information is helpful!