In their Appellate Practice column, Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, discuss a recent First Department decision involving an interesting application of the court's interest of justice jurisdiction. The majority exercised such jurisdiction to review an unpreserved claim of error in a jury instruction relating to the so-called "drug factory presumption," an exercise a strongly-worded dissent said was unwarranted under the facts of the case.
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When Courts Exercise Interest of Justice Jurisdiction
New York Law Journal
July 2, 2012
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