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New York State Supreme Court, Appellate Division, Fourth Judicial Department Paternity Genetic marker testing – Presumption of intimacy – Best interest of the child Kirk M.B. v. S. Rachel CAF 20-01265 Appealed from Family Court, Onondaga County Background: The respondent ...
Read More »Fourth Department – Termination of parental rights: Matter of Dagan B.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Termination of parental rights Diligent efforts to encourage relationship – Uncooperative parent Matter of Dagan B. CAF 19-02064 Appealed from Family Court, Ontario County Background: The respondent mother appealed from ...
Read More »Fourth Department – Mental Hygiene Law: Charles B. v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Mental Hygiene Law Expert testimony – Hearsay evidence of prior convictions Charles B. v. State of New York CA 19-01276 Appealed from Supreme Court, Oneida County Background: The petitioner appealed ...
Read More »Fourth Department – Murder: People v. Alligood
New York State Supreme Court, Appellate Division, Fourth Judicial Department Murder Sufficiency of evidence – Repugnant verdict People v. Alligood KA 17-00271 Appealed form Monroe County Court Background: The defendant appealed from a judgment convicting him of murder and two ...
Read More »Fourth Department – Custody agreement: Verne v. Hamilton
New York State Supreme Court, Appellate Division, Fourth Judicial Department Custody agreement Modification – School age – Parenting time Verne v. Hamilton CAF 20-00076 Appealed from Family Court, Jefferson County Background: The respondent father appealed from an order that modified ...
Read More »Fourth Department – Sentencing: People v. Stanley
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sentencing Violation of plea – Post-release supervision – Enhanced sentence People v. Stanley KA 18-01735 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of robbery ...
Read More »Fourth Department – Criminal possession of a weapon: People v. Williams
New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal possession of a weapon Suppression – Chase – No visible outline of a gun People v. Williams KA 16-02227 Appealed from Monroe County Court Background: The defendant appealed from ...
Read More »Fourth Department – Family Court: Matter of William A. III
New York State Supreme Court, Appellate Division, Fourth Judicial Department Family Court Personal jurisdiction – Personal service Matter of William A. III CAF 19-02012 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an order that determined ...
Read More »Fourth Department – Negligent homicide: People v. Wisniewski
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligent homicide Boating accident – Alcohol use People v. Wisniewski KA 18-00336 Appealed from Erie County Court Background: The defendant appealed from his conviction of criminally negligent homicide and two ...
Read More »Fourth Department – Constructive possession: People v. Ponder
New York State Supreme Court, Appellate Division, Fourth Judicial Department Constructive possession Apartment – Weight of evidence People v. Ponder KA 15-01496 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of multiple counts of criminal ...
Read More »Fourth Department – Employment retaliation: Petralia v. NYS Dept. of Labor
New York State Supreme Court, Appellate Division, Fourth Judicial Department Employment retaliation Unauthorized aliens – Preemption – Exhaustion of administrative remedies Petralia v. NYS Dept. of Labor CA 20-00221 Appealed from Supreme Court, Monroe County Background: In the course of ...
Read More »Fourth Department – Ineffective assistance of counsel: People v. Owens
New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Matters outside the record People v. Owens KA 19-02215 Appealed from Supreme Court, Erie County Background: The defendant appealed from her conviction of murder. The case ...
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