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Appellate Division, Fourth Dept.

Fourth Department – Legal sufficiency: People v. Weather

New York State Supreme Court, Appellate Division, Fourth Judicial Department Legal sufficiency Conflicting testimony – Credibility determination People v. Weather KA 17-01785 Appealed from Oneida County Court Background: The defendant appealed from a judgment convicting him of criminal possession of ...

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

New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Voir dire – Statements regarding incrimination People v. Sherman KA 16-01177 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of two ...

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Fourth Department – Impeachment of witness: People v. Redmond

New York State Supreme Court, Appellate Division, Fourth Judicial Department Impeachment of witness Jailhouse telephone call People v. Redmond KA 16-01333 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from a judgment convicting him of criminal possession of ...

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Fourth Department – Child Neglect: Matter of Jalyce S.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child Neglect Willful failure to engage in counseling – Incarceration Matter of Jalyce S. CAF 19-01086 Appealed from Family Court, Oneida County Background: The father appealed from an order determining ...

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Fourth Department – Lesser-included offenses: People v. Quinn

New York State Supreme Court, Appellate Division, Fourth Judicial Department Lesser-included offenses Intentional assault versus reckless assault – Serious physical injury People v. Quinn KA 17-01964 Appealed from Monroe County Court Background: The defendant appealed from his conviction of second-degree ...

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Fourth Department – Jury misconduct: People v. Newman

New York State Supreme Court, Appellate Division, Fourth Judicial Department Jury misconduct – Reenactment People v. Newman KA 15-01502 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of two counts of menacing a police officer ...

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Fourth Department – Court of Claims: Manes v. State of New York

New York State Supreme Court, Appellate Division, Fourth Judicial Department Court of Claims Unjust conviction and imprisonment – Ineffective assistance of counsel Manes v. State of New York CA 20-00181 Appealed from Court of Claims Background: The claimant, as administrator ...

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Fourth Department – Insurance law: Maple-Gate Anesthesiologists v. Nasrin

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance law Demutualization – Policyholder versus policy administrator Maple-Gate Anesthesiologists v. Nasrin CA 19-00612 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action against the defendants, its ...

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Fourth Department – Grand jury proceedings: People v. Lostumbo

Appellate Division of state Supreme Court, Forth Department Grand jury proceedings Notice – Reasonable time People v. Lostumbo KA 15-01848 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of sexual abuse, unlawful imprisonment, and intimidating ...

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Fourth Department – Criminal possession of a weapon: People v. Magee

New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal possession of a weapon Circumstantial evidence  – Sufficiency of the evidence People v. Magee KA 18-00713 Appealed from Erie County Court Background: The defendant appealed from a judgment convicting ...

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

New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Testimony of prior incarceration – Hearsay – Prompt outcry People v. Healy KA 18-01413 Appealed from Supreme Court, Erie County Background: The defendant appealed from a ...

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Fourth Department – Hearsay: People v. Harrington

New York State Supreme Court, Appellate Division, Fourth Judicial Department Hearsay Bystander statement to police People v. Harrington KA 16-00193 Appealed from Monroe County Court Background: The defendant appealed from a judgment convicting him of robbery. The conviction arose from ...

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