This month, we examine People v. Burgos,1 in which Justice Marcy Kahn of the Supreme Court, New York County, declined to follow a decision of the Appellate Term, First Department, on the ground that decisions of the Appellate Term are not binding on the Supreme Court, even if issued within the same judicial department.
By way of background, the doctrine of stare decisis requires that courts of original jurisdiction follow decisions and precedents of the Appellate Division. If the Court of Appeals has not decided a particular issue, a trial court is bound to follow the decision of the Appellate Division of the department in which the court is located, or, if that Appellate Division has not passed on the issue, a decision on the issue by the Appellate Division in one of the other departments is deemed controlling.2
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
