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Appellate Division, Fourth Dept.

Fourth Department – Second-degree murder: People v. Harris

New York State Supreme Court, Appellate Division, Fourth Judicial Department Second-degree murder Sufficiency of evidence People v. Harris KA 18-00379 Appealed from Monroe County Court Background: The defendant appealed from his conviction of murder, attempted murder, and two counts of ...

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Fourth Department – Search warrant: People v. Harlow

New York State Supreme Court, Appellate Division, Fourth Judicial Department Search warrant Anonymous informant – Corroboration – Hearsay testimony People v. Harlow KA 18-01625 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of criminal possession ...

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Fourth Department – Justification: People v. Hall

New York State Supreme Court, Appellate Division, Fourth Judicial Department Justification Termination of right – Combat by agreement People v. Hall KA 18-00912 Appealed from Supreme Court, Monroe County Background: The defendant pleaded guilty to assault and was sentenced to ...

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Fourth Department – Dangerous sex offender: Clarence H. v. State of New York

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dangerous sex offender Confinement – Behaviors related to re-offense Clarence H. v. State of New York CA 20-00485 Appealed from Supreme Court, Oneida County Background: The petitioner appealed from an ...

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Fourth Department – Exhaustion of administrative remedies: Elmwood Village Charter School v. Buffalo City School District

New York State Supreme Court, Appellate Division, Fourth Judicial Department Exhaustion of administrative remedies Question of law – Calculation of recoupment of funding overpayments Elmwood Village Charter School v. Buffalo City School District CA 20-00629 Appealed from Supreme Court, Erie ...

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Fourth Department – Lesser-included offense: People v. Elmore

New York State Supreme Court, Appellate Division, Fourth Judicial Department Lesser-included offense Speculation – Weight of substance and its identification People v. Elmore KA 17-01510 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal possession ...

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Fourth Department – Child custody: Dobson v. Messervey

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child custody Prior agreement – Stable parent – Drug use Dobson v. Messervey CAF 20-00158 Appealed from Family Court, Ontario County Background: The petitioner father commenced a proceeding seeking to ...

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Fourth Department – Robbery: People v. Brady

New York State Supreme Court, Appellate Division, Fourth Judicial Department Robbery Use of force People v. Brady KA 17-00192 Appealed from Monroe County Court Background: The defendant appealed from his conviction of two counts of robbery. He argues that the ...

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Fourth Department – Attorney substitution: People v. Darwish

New York State Supreme Court, Appellate Division, Fourth Judicial Department  Attorney substitution Breakdown in communication – Minimal inquiry obligation People v. Darwish KA 17-01910 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of two counts of ...

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Fourth Department – Divorce: Bomer v. Dean

New York State Supreme Court, Appellate Division, Fourth Judicial Department Divorce Death – Abatement Bomer v. Dean CA 20-00801 Appealed from Supreme Court, Monroe County  Background: The defendant and the decedent were married and had no children. They each had ...

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Fourth Department – Last will and testament: Matter of Estate of Katherine E. Keough

New York State Supreme Court, Appellate Division, Fourth Judicial Department  Last will and testament After-acquired property – Distribution Matter of Estate of Katherine E. Keough CA 20-00519 Appealed from Surrogate’s Court, Monroe County Background: After the decedent’s passing, the decedent ...

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Fourth Department – County liability: Abate v. County of Erie, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department County liability Agency identity – Civilian negligence – Immunity as affirmative defense Abate v. County of Erie, et al. CA 20-00127 Appealed from Supreme Court, Erie County   Background: The ...

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