NY Daily Record Since 1908

A state appeals court has ruled that a defendant’s incriminating statement to police in a murder case should have been suppressed, but there was enough additional evidence against him that the court let the conviction stand. Defendant Adalberto Marrero, 45, ...

Tagged with: Fourth Department ruled statement should have been suppressed

New York State Supreme Court, Appellate Division, Fourth Judicial Department Vehicle search Probable cause – Scent of PCP People v. Fudge KA 18-02388 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of criminal possession of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department General Municipal Law Actions in equity – Time-barred – Ancillary money damages Friscia v. Village of Geneseo CA 20-00642 Appealed from Supreme Court, Livingston County Background: The plaintiff commenced an ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Medical impairments – Evaluator’s opinion People v. Dziedzic KA 20-00702 Appealed from Genesee County Court Background: The defendant appealed from a determination finding him to be ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department False arrest and false imprisonment Time barred – Accrual date Danford v. State of New York CA 20-01050 Appealed from Court of Claims Background: The claimant appealed from an order ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Standing Subrogation – Nonparty’s damaged property CHS Inc. v. Land O’Lakes Purina Feed CA 20-00625 Appealed from Supreme Court, Livingston County Background: The plaintiff commenced an action for damages sustained ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Fraudulent conveyance Certificate of occupancy Chapman v. Jacobs CA 20-00064 Appealed from Supreme Court, Ontario County Background: The plaintiff commenced an action seeking damages for fraud arising from his purchase ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medicaid payments Discontinuing withholding of payments – Allegations of fraud Cameron Transport Corp v. NYS Dept. of Health CA 20-00499 Appealed from Supreme Court, Niagara County Background: The petitioner is ...

In a split decision, a state appeals court has upheld a weapon conviction. Defendant Jerel W. Addison, 46, was convicted in state Supreme Court in Rochester in June 2017 of second-degree criminal possession of a weapon. Addison and a co-defendant ...

Tagged with: Fourth Department

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Hearing loss – Breach of duty Joni C. v. Cheektowaga-Sloan Union Free School District CA 20-00673 Appealed from Supreme Court, Erie County Background: The defendant appealed from an order ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Pat frisk Odor of marijuana – Probable cause People v. Boswell Jr. KA 17-01058 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of attempted criminal ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sentencing Court’s authority – Run concurrently or consecutively – Pending sentence People v. Barthel KA 18-00164 Appealed from Monroe County Court Background:  The Defendant appealed from his conviction of criminal ...