During the final quarter of 2012 and into the holidays, while counsel were nestled snug in their beds, the four departments of New York’s Appellate Division remained busy filling their stockings with jurisprudential sugar plums (provided the lawyers were nice and not naughty). Below, we examine some of the notable legal advancements that the state’s intermediate appellate courts left for New York lawyers in 2012′s closing weeks.
First Department
Stop-and-Frisk. The New York City Police Department (NYPD) can no longer be frisky with personal information collected from the hundreds of thousands of people caught in the cross hairs of the department’s stop-and-frisk program. In Lino v. City of New York,1 a unanimous, unsigned decision, the First Department ruled that information from stop-and-frisk targets must be sealed and cannot be used for subsequent police investigations.
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