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Appellate Division, Fourth Dept.

Fourth Department – Traffic stop: People v. Martinez-Gonzalez

New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Reasonable suspicion – Founded suspicion – Presence at high crime area People v. Martinez-Gonzalez KA 17-01095 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his ...

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Fourth Department – Municipal liability: Maldovan v. County of Erie

New York State Supreme Court, Appellate Division, Fourth Judicial Department Municipal liability Justifiable reliance – Voluntary undertaking Maldovan v. County of Erie CA 19-01338 Appealed from Supreme Court, Erie County  Background: The plaintiff commenced consolidated actions to recover damages for ...

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Fourth Department – Post-release supervision: People v. Long

New York State Supreme Court, Appellate Division, Fourth Judicial Department  Post-release supervision Plea – Properly apprehend sentencing discretion People v. Long KA 18-02106 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of criminal possession of ...

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Fourth Department – Slip and fall: Lorquet v. Timoney Technolgy Inc.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Hazardous condition – Duty of care Lorquet v. Timoney Technolgy Inc. CA 19-01018 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages ...

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Fourth Department – Ineffective assistance of counsel: People v. Lee

New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Motion to withdraw plea – Adverse to client People v. Lee KA 19-01120 Appealed from Cayuga County Court Background: The defendant appealed from a judgment convicting ...

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Fourth Department – Miranda waiver: People v. Jones

New York State Supreme Court, Appellate Division, Fourth Judicial Department Miranda Waiver – Unequivocal expression People v. Jones KA 18-00609 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of criminal sexual act. He argues that statements ...

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Fourth Department – Article 78: Horvath v. Hon. Susan Eagan, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Article 78 Coram nobis motion – Leave to appeal Horvath v. Hon. Susan Eagan, et al. OP 19-02281 Initiated in Fourth Judicial Department Background: The petitioner commenced an Article 78 ...

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Fourth Department – Traffic stop: People v. Holley

New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Vehicle involved in crime – Suppression People v. Holley KA 19-01464 Appealed from Jefferson County Court  Background: The defendant appealed from his conviction of criminal sale of a ...

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Fourth Department – Traffic stop: People v. Green

New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Probable cause – Suppression – Credibility People v. Green KA 16-00800 Appealed from Supreme Court, Erie County Background: The defendant appealed from a judgment convicting him of criminal ...

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Fourth Department – Motor vehicle accident: Galletta v. Delsorbo

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motor vehicle accident Summary judgment – Issue of fact as to reasonable care Galletta v. Delsorbo CA 19-01807 Appealed from Supreme Court, Erie County Background: The plaintiff was operating a ...

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Fourth Department – Traffic stop: People v. Fitts

New York State Supreme Court, Appellate Division, Fourth Judicial Department Traffic stop Reasonable suspicion – No description of vehicle People v. Fitts KA 18-00872 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of two counts ...

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Fourth Department – Medicaid reimbursement: Elderwood at Amherst v. Zucker

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medicaid reimbursement Arbitrary and capricious – Medical basis for services Elderwood at Amherst v. Zucker CA 19-00643 Appealed from Supreme Court, Monroe County Background: The petitioner commenced an Article 78 ...

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