Cases

DUNCAN, P. J. Defendant appeals the trial court’s judgment, raising two assignments of error. In his first assignment of error, defendant asserts that the trial court committed plain error by failing to instruct the jury that, in order to convict him of first-degree sodomy, as alleged in Count 1 of the indictment, it had to find that he knowingly subjected the victim to forcible compulsion. In his second assignment of error, def

ORTEGA, P. J. In this criminal appeal, defendant challenges the imposition of court-appointed attorney fees and a term in the judgment of conviction that merged guilty verdicts into a single first-degree sexual abuse conviction “for sentencing purposes.” Shortly after briefing was completed in this appeal, the trial court entered an amended judgment that merged the guilty verdicts into a single conviction and removed any refer

BOHNHOFF, Judge. {1} Plaintiff Jose M. Hernandez, an employee of Creed, Inc. (Creed), injured himself while exiting a commercial truck that Creed had leased from Defendant Grando's, LLC (Grando's). After Hernandez brought suit against Grando's based on theories of negligence, strict product liability, and breach of implied warranty, the district court granted summary judgment in favor of Grando's and

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated May 11, 2011, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that he did not sustain a serious injury within the meaning of Insurance Law § 5102 (d). Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for sum

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonabl

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (McCormack, J.), rendered April 25, 2007, convicting him of murder in the second degree and gang assault in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it wa

*1050The Supreme Court did not improvidently exercise its discretion in denying the petition for leave to serve a late notice of claim for the alleged medical malpractice. The mere fact that the respondents were in possession of the infant’s medical records did not, without more, establish that the respondents had actual knowledge of a potential injury. “Where, as here, there is little to suggest

Appeal by the defendant from an judgment of the County Court, Nassau County (Sullivan, J.), rendered February 28, 2007, convicting him of rape in the third degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised o

— In an action to recover damages for medical malpractice and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dollard, J.), dated February 15, 2007, which granted the respective motions of the defendant Melvin C. Hochman, and the defendant New York Hospital Medical Center of Queens for summary judgment dismissing the complaint insofar as asserted against them.

In an action pursuant to Insurance Law § 3420 (a) (2) to recover on two unsatisfied judgments entered against the defendant’s insureds, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Leviss, J.H.O.), entered February 29, 2008, which, after a nonjury trial, is favor of the defendant and against them dismissing the complaint. Ordered that the judgment is reversed, on the law, with costs, and the matter is remit

778 F.Supp.2d 1211 (2011) UNITED STATES of America, Plaintiff, v. Tayde HERNANDEZ, Defendant. No. CR 11-0543 JB. United States District Court, D. New Mexico. April 20, 2011. *1212 Kenneth J. Gonzales, United States Attorney, Elaine Y. Ramirez, Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, for

Irving H. Saypol, J. The action is for declaratory judgment. The issue is whether or not the female in the case is a spouse within the meaning of subdivision 3 of section 167 of the Insurance Law which reads: “No policy or contract shall be deemed to insure against any liability of an insured because of death of or injuries to his or her spouse ® ® * unless express provision relating specifically thereto is included in the polic

OPINION OF THE COURT Belen, J. The appellant, Tabitha L. (hereinafter the mother), is the *80mother of the three children who are the subjects of these neglect proceedings. In the early morning hours of February 4, 2009, the children, then aged six years, four years, and nine months, respectively, were found by a police officer wandering the streets

OPINION OF THE COURT Belen, J. The defendant, Timmy Lee Walker, spent the evening of Saturday, September 4, 2004, and the early morning hours of the next day in a basement apartment in Queens, smoking large quantities of crack cocaine and drinking large quantities of alcohol. As the night progressed, he also kidnapped and robbed at least two people at gunpoint. After one of these kidnapping victims became

619 P.2d 194 (1980) 95 N.M. 90 STATE of New Mexico, Plaintiff-Appellant, v. John DOE and John Doe, Defendants-Appellees. Nos. 4688, 4689. Court of Appeals of New Mexico. October 16, 1980. *195 Jeff Bingaman, Atty. Gen., Frank A. Murray, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant. John B. Bi

PER CURIAM *32Defendant appeals his judgment of conviction for several sex offenses, challenging the trial court's denial of his motion to suppress statements he made to the police after invoking his Miranda rights, and the trial court's imposition of court-appointed attorney fees in the amount of $1,144. We reject without written discuss

538 P.2d 420 (1975) 88 N.M. 148 AMERICAN AUTOMOBILE ASSOCIATION, INC., Appellant, v. BUREAU OF REVENUE of the State of New Mexico, Appellee. No. 1293. Court of Appeals of New Mexico. April 23, 1975. Rehearing Denied June 10, 1975. Dean S. Zinn, Zinn & Donnell, Santa Fe, Tibo J. Chavez, Chavez & Cowper, Belen, for appe

518 P.2d 1225 (1973) STATE of New Mexico, Plaintiff-Appellee, v. Gary Lee BUDAU, Defendant-Appellant. No. 1146. Court of Appeals of New Mexico. December 5, 1973. Certiorari Denied January 8, 1974. *1226 Robert J. Laughlin, Belen, for defendant-appellant. David L. Norvell, Atty. Gen., Jane E. Pendleton, Ass

SETH, Chief Judge. This is a consolidated appeal taken by five defendants from their convictions on various charges relating to the unlawful transportation of illegal aliens. 8 U.S.C. § 1324; 18 U.S.C. §§ 2, 371. The Government established at trial that numerous Mexican and El Salvadoran citizens who wish

OPINION WOOD, Chief Judge. This direct appeal from the Decision and Order of the Commissioner of Revenue involves the liability of the taxpayer for gross receipts and municipal taxes, and interest on the gross receipts tax, for the period January 1, 1969, to November 30, 1971. The taxpayer claims it is not liable because of a statutory exemption. This exemption, Laws 19