Justice Joseph Grosso erred in rejecting Daryl Beasley’s motion for resentencing on grounds that Beasley himself failed to prove that “substantial justice” required that he get a hearing for a lower sentence. Grosso got the burden of proof backwards, the Appellate Division said. The 2004 law says that a trial judge faced with a resentencing motion from an eligible inmate “shall” resentence “unless substantial justice dictates that the application should be denied.” That places the burden of proving the need to withhold the benefit of the sentencing reform law on the prosecution, the appellate panel said.

Moving on to the particular circumstances of the case at hand, the panel concluded that Beasley’s plea for a lower sentence easily deserved consideration. “[T]he facts underlying the defendant's conviction were not unusually serious, his prison record included no serious infractions and many positive accomplishments, and he has shown remorse for his offenses,” the appellate panel observed. Under those circumstances, “substantial justice did not dictate the denial of the defendant's motion.” People v. Beasley (January 8)

Justice Ronald Hollie was reversed for withholding resentencing from Castano Bispo for a prison disciplinary infraction that, according to the Appellate Department, didn’t preclude consideration of the inmate’s bid for a lower sentence. People v. Bispo (January 8)

OTHER NOTABLE REVERSALS

NEW YORK COUNTY

SEARCH: Justice Arlene R. Silverman suppressed evidence that, according to the Appellate Division, was properly seized by an officer who made an honest mistake. The officer pulled over Shawn Jean-Pierre’s car based on a mistaken belief that the numerals “03” in the corner of his New Jersey license plate indicated that the registration had expired. In fact, the registration was up-to-date, but before the officer figured that out, he spotted a bag of marijuana on the center console in Jean-Pierre’s car and busted him for that. The misunderstanding about the license plate was a mistake of fact, not of law, said the Appellate Division. Therefore, the officer had a reasonable basis for pulling Jean-Pierre over, the pot wasn’t tainted fruit of an illegal stop, and Silverman should have denied his motion to suppress, the appellate panel concluded. People v. Jean-Pierre (January 10)

TORT: Justice Judith J. Gische kept too many defendants on the hook in a suit over injuries sustained by Frank Peters when he was descending a set of stairs and the handrail broke, the Appellate Division said. Gische properly allowed Peters to proceed with his claim against the property management company, Trammell Crow, which apparently violated its own inspection procedures by failing to check the handrail, which had been installed 10 years earlier and repaired twice since then. But Gische should have dismissed the claim against the cleaning and janitorial service, which had no repair or maintenance obligations nor any supervisory control over the building's engineering and maintenance personnel. The claim also should have been dismissed against contractors involved in the installation the handrail, given the lapse of the time and intervening repairs. Peters v. Trammell Crow Co. (January 8)

LICENSING: Justice Dianne Renwick properly revoked Fay Dawkins liquor license for violations including serving three clearly drunken patrons, failing to display her license conspicuously and impeding an investigation. But the $1,000 fine that Renwick slapped on Hawkins was too harsh, in light of her previously unblemished record and the impact of the penalty on her livelihood, the Appellate Division said. Matter of Dawkins v. New York State Liquor Authority (January 10)

BRONX COUNTY

FAMILY: Justice Gayle P. Roberts let Graham Windham Services to Families, which provides foster care services under contracts with the state and city agencies, pull a fast one on an inmate identified as Omar S. Roberts, the Appellate Division said. Roberts ruled that the incarcerated dad “abandoned” his child, despite evidence that agency caseworkers failed to comply with laws requiring them to make efforts to stay in touch with imprisoned parents of foster kids. The judge evidently knew that the agency had screwed up. As the Appellate Division observed, Roberts “indicated that [she] was ‘a little shocked’ that the caseworker and her supervisor were not familiar with the law requiring them to work with incarcerated parents and expressed concern over the lack of communication with [Omar]. [Roberts] also noted that this failure on the part of the agency could have an impact on the outcome of the hearing.”  In fact, the agency’s screw-ups didn’t affect the outcome, nor did evidence that Omar had made at least some attempts to contact his child. Roberts terminated his parental rights anyway. Under the circumstances, that “drastic” outcome was unwarranted, the appellate panel concluded, reversing Roberts’ ruling and restoring Omar’s parental rights. Matter of Medina Amor S. v. Omar S. (January 10)

QUEENS COUNTY

MUNICIPAL CONTRACTS: Justice Duane Hart was reversed for refusing to kick a suit over transit system contracts out of state court. According to the Appellate Division, the dispute stemming from the city’s transfer of several privately operated bus lines to the Metropolitan Transit Authority, is the subject of an arbitration proceeding initiated by the plaintiffs that is pending before the U.S. Department of Labor, where it belongs. Hart also erred, according to the Appellate Division, in denying motions to dismiss claims concerning the city’s no-bid deal with AIG Claim Services Inc. to take over claims processing services related to those bus lines. The city's contract with the MTA to operate the bus lines at issue is exempt from competitive bidding requirements, the appellate panel pointed out. Andre v. City of New York (January 8)

KINGS COUNTY

CRIMINAL: Justice Jo Ann Ferdinand failed to tell Christopher Thompson, at the hearing where he pleaded guilty to attempted robbery, that his sentence would include a mandatory period of post-release supervision, said the Appellate Division, vacating the plea and reversing Thompson’s conviction. People v. Thompson (January 8)