Legal Opinion

Robar v. LaBuda

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 2011PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Spain, J.

On the morning of November 24, 2009, petitioner was reportedly hunting alone on his property in the Town of Lumberland, Sullivan County when he mistakenly shot another hunter who had come onto the land, causing serious physical injuries. As a result, petitioner was charged by Sullivan County indictment No. 61-2010 with the crimes of assault in the second degree and reckless endangerment in the second degree. The trial ultimately resulted in a declaration of a mistrial over petitioner’s objection, requiring resolution in this related special proceeding of whether a…

2Cases cited45 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. Powers v. OhioSupreme Court of the United States · 1991
  4. Purkett v. ElemSupreme Court of the United States · 1995
  5. Taylor v. LouisianaSupreme Court of the United States · 1975

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3Cited by6 opinions

  1. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. EllisAppellate Division of the Supreme Court of the State of New York · 2020
  3. Carey v. Superintendent, Washington Correctional FacilityDistrict Court, W.D. New York · 2023
  4. Matter of Guiden v. Jose-DeckerAppellate Division of the Supreme Court of the State of New York · 2026
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2026

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