NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea bargain Third-party benefit – Coercion – Counsel’s advice People v. Price KA 18-01975 Appealed from Seneca County Court Background: The defendant appealed from his conviction of sexual abuse. The ...
Read More »Fourth Department – Child neglect: Matter of Balle S.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child neglect Excessive corporal punishment Matter of Balle S. CAF 19-02017 Appealed from Family Court, Onondaga County Background: The respondent father appealed from an order of fact-finding and disposition determining ...
Read More »Fourth Department – Predatory sexual assault against a child: People v. Myers
New York State Supreme Court, Appellate Division, Fourth Judicial Department Predatory sexual assault against a child Bill of particulars – Sexual conduct alleged People v. Myers KA 19-00326 Appealed from Monroe County Court Background: The defendant appealed from his conviction ...
Read More »Fourth Department – Competency: People v. Powell
New York State Supreme Court, Appellate Division, Fourth Judicial Department Competency Examination and hearing People v. Powell KA 17-00132 Appealed from Monroe County Court Background: The defendant appealed from his conviction of two counts of assault. He argues that the ...
Read More »Fourth Department – Inmate disciplinary hearing: Nova v. Annucci
New York State Supreme Court, Appellate Division, Fourth Judicial Department Inmate disciplinary hearing Right to be present – Removal Nova v. Annucci TP 20-01019 Transferred from Supreme Court, Wyoming County Background: The petitioner commenced an Article 78 proceeding, seeking to ...
Read More »Fourth Department – Suppression: People v. Murray
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Anonymous tip – Corroboration – Preservation for review People v. Murray KA 19-01654 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession of ...
Read More »Fourth Department – Traffic stop: People v. Pertillar
New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Probable cause – Unsecure license plate People v. Pertillar KA 19-00154 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession of a ...
Read More »Fourth Department – General Municipal Law: National Fuel Gas Distribution Corp.. Niagara Falls Water Board
New York State Supreme Court, Appellate Division, Fourth Judicial Department General Municipal Law Notice of Claim – Sufficiency of notice National Fuel Gas Distribution Corp.. Niagara Falls Water Board CA 19-02325 Appealed from Supreme Court, Niagara County Background: The defendant ...
Read More »Fourth Department – Residential custody: Menard v. Roberts
New York State Supreme Court, Appellate Division, Fourth Judicial Department Residential custody Relocation – Consent – Willfulness Menard v. Roberts CAF 19-02103 Appealed from Family Court, Oneida County Background: The father appealed from a violation petition and a modification petition ...
Read More »Fourth Department – Objection to cross-examination: People v. McGee
New York State Supreme Court, Appellate Division, Fourth Judicial Department Objection to cross-examination Prior bad acts – Mistrial – Remedy People v. McGee KA 18-01173 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession ...
Read More »Fourth Department – Criminal possession of a weapon: People v. Ja’Khari
New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal possession of a weapon Armed felony offense – Youthful offender statute People v. Ja’Khari KA 18-02283 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of ...
Read More »Fourth Department – Products liability: Mariani v. Guardian Fences of WNY, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Products liability Design defect – Optional safety feature – Buyer knowledge Mariani v. Guardian Fences of WNY, et al. CA 20-00220 Appealed from Supreme Court, Erie County Background: The plaintiffs ...
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