New York Appellate Divisions

EVIDENCE, PROSECUTORIAL MISCONDUCT – The New York Appellate Division found that the prosecution’s failure to produce the book bag into which the defendant stuffed three stolen coats did not deprive her of a fair trial. There is no evidence that prosecutors ever possessed the bag, and they were not required to gather evidence favorable to the defendant. Affirmed. People v. Hilliard
 
   ATTORNEYS – The appellate division refused to vacate the conviction of a second felony offender. Although the defense counsel represented the defendant and his brother in a related case, the defense was not affected by a conflict of interest, the court ruled. Counsel’s refusal to argue to the jury that the defendant’s brother was the actual assailant constituted a reasonable strategic decision. People v. Mora
 
   CIVIL PROCEDURE – The appellate division dismissed a legal malpractice claim because plaintiff’s claims stemmed from probate actions governed by Canadian law. Even if plaintiff lives in New York and Canada, she already availed herself of Canadian courts in the past, not only in the probate action, but also in a nearly identical matter involving the payment of legal fees for the probate matter. Rosenberg v. Stikeman Elliott

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