Are Appellate Term Decisions Binding Precedents?

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, examine 'People v. Burgos,' 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.

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