NY Daily Record Since 1908
New York State Supreme Court, Appellate Division, Fourth Judicial Department Attempted burglary Weight of evidence – Defendant’s location People v. Wilson KA 16-01614 Appealed from Monroe County Court Background: The defendant appealed from his conviction of attempted burglary arguing, inter ...
Read More »Fourth Department – Assault in the Second Degree: People v. Westbrooks
New York State Supreme Court, Appellate Division, Fourth Judicial Department Assault in the Second Degree Physical impairment – Substantial pain People v. Westbrooks KA 19-00350 Appealed from Monroe County Court Background: The defendant appealed from her conviction of assault and ...
Read More »Fourth Department – Slip and fall: Waddell v. Milwaukee THP LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Speculation – Cause of fall Waddell v. Milwaukee THP LLC CA 21-01258 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Torres-Acevedo
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Continuing nature of the crime – Taking victim across state lines People v. Torres-Acevedo KA 21-01110 Appealed from Genesee County Court Background: The defendant appealed from ...
Read More »Fourth Department – Default judgment: Stonewell Bodies & Machine Inc. v. All Area Fire & Rescue Apparatus Sales LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Default judgment COVID-19 hardships – Vague assertions Stonewell Bodies & Machine Inc. v. All Area Fire & Rescue Apparatus Sales LLC CA 21-01254 Appealed from Supreme Court, Cayuga County Background: ...
Read More »Fourth Department – Vehicle stop: People v. Shepard
New York State Supreme Court, Appellate Division, Fourth Judicial Department Vehicle stop Reasonable suspicion – 911 call People v. Shepard KA 21-01580 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession of a weapon. ...
Read More »Fourth Department – Contractual indemnification: Stevenson, et al. v. Red Roof Inns
New York State Supreme Court, Appellate Division, Fourth Judicial Department Contractual indemnification Snow removal – Act or omission Stevenson, et al. v. Red Roof Inns CA 21-01256 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action after ...
Read More »Fourth Department – Grandparent custody: Sharlow v. Hughes
New York State Supreme Court, Appellate Division, Fourth Judicial Department Grandparent custody Change in circumstances – Mental health Sharlow v. Hughes CAF 22-00408 Appealed from Family Court, Jefferson County Background: The respondent mother appealed from an order that granted the ...
Read More »Fourth Department – Rear-end collision: Plummer v. Town of Greece
New York State Supreme Court, Appellate Division, Fourth Judicial Department Rear-end collision Reckless driving – Snowplow – Engaged in work Plummer v. Town of Greece CA 21-01544 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action after ...
Read More »Fourth Department – Family Court: Matter of Indigo S.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Family court Recusal of judge – Domestic violence report Matter of Indigo S. 22-00458 Appealed from Family Court, Genesee County Background: The petitioner appealed from an intermediate order that denied ...
Read More »Fourth Department – Abuse of discretion: People v. Osman
New York State Supreme Court, Appellate Division, Fourth Judicial Department Abuse of discretion Jury instructions – Calling a witness – Expert psychologist People v. Osman KA 14-00786 Appealed from Oneida County Court Background: The defendant appealed from his conviction of ...
Read More »Fourth Department – Sex Offender Registration Act: People v. Morgan
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Sexually violent offender – Foreign conviction People v. Morgan KA 21-00610 Appealed from Livingston County Court Background: The defendant moved to New York State after being ...
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