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Appellate Division, Fourth Dept.

Fourth Department – Grand jury: People v. Owens

New York State Supreme Court, Appellate Division, Fourth Judicial Department Grand jury Leave to resubmit the charge to the jury People v. Owens KA 19-00978 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession ...

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Fourth Department – Class certification: Jin v. Shanghai Original Inc., et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Class certification Decertification – Appellate jurisdiction – Adequate representation Jin v. Shanghai Original Inc., et al. 19-3782 Judges Livingston, Kearse, Wesley Background: The plaintiff commenced a putative class action against ...

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Fourth Department – Labor Law: O’Mara v. Ranalli, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Homeowner’s exception – Participation in directing work O’Mara v. Ranalli, et al. CA 19-02195 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced this action to recover ...

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Fourth Department – Appellate review: People v. Meyers

New York State Supreme Court, Appellate Division, Fourth Judicial Department Appellate review Poor record – Reconstruction hearing People v. Meyers KA 18-01114 Appealed from Steuben County Court Background: The defendant appealed from a judgment convicting him of two counts of ...

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Fourth Department – Suppression: People v. Moore

New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Discarded handgun – Police observation People v. Moore KA 20-00592 Appealed from Onondaga County Court Background: The people appealed from the grant of the defendant’s motion seeking to suppress ...

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Fourth Department – Prison contraband: People v. Mclamore

New York State Supreme Court, Appellate Division, Fourth Judicial Department Prison contraband Dangerous contraband – Synthetic Marijuana People v. Mclamore KA 17-00971 Appealed from Wyoming County Court Background: The defendant appealed from his conviction of promoting prison contraband and conspiracy. ...

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Fourth Department – Medicaid: VDRNC, LLC v. Merrick

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medicaid Skilled nursing facility – Administrative remedies – Statute of limitations VDRNC, LLC v. Merrick CA 20-00503 Appealed from Supreme Court, Onondaga County Background: The plaintiff operates a skilled nursing ...

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Fourth Department – Dunaway hearing: People v. Massey

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dunaway hearing De novo hearing – Subsequent justices hearing case People v. Massey KA 09-00914 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of murder ...

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Fourth Department – Motor vehicle accident: McCarthy v. Hameed

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Duty to see that which see through the proper use of senses – Serious injury McCarthy v. Hameed CA 20-00413 Appealed from Supreme Court, Monroe County Background: ...

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Fourth Department – Repugnant verdict: People v. Jennings

New York State Supreme Court, Appellate Division, Fourth Judicial Department Repugnant verdict Murder – Codefendant acquitted People v. Jennings KA 18-00637 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of murder in the second degree. ...

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Fourth Department – Non-facial duplicity: People v. Hursh

New York State Supreme Court, Appellate Division, Fourth Judicial Department Non-facial duplicity Appellate review People v. Hursh KA 16-00067 Appealed from Monroe County Court Background: The defendant appealed from his conviction of robbery. He argues that the evidence at trial, ...

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Fourth Department – Termination of parental rights: Matter of Bianca F.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Termination of parental rights Default – Participant – Suitable housing Matter of Bianca F. CAF 18-02167 Appealed from Family Court, Steuben County Background: The father appealed from orders terminating his ...

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