Home / Case Digests / Appellate Division, Fourth Dept. (page 393)

Appellate Division, Fourth Dept.

SORA: People v. Ayala

Appellate Division, Fourth Department SORA Level I Finding People v. Ayala KA 08-01055 Appealed from Erie County Court Background: The defendant was convicted in 1986 of Sodomy 1st degree, 10 years before the Sex Offender Registration Act went into effect. ...

Read More »

SORA: People v. Hucks

Appellate Division, Fourth Department SORA High Risk Finding People v. Hucks KA 08-02401 Appealed from Supreme Court, Monroe County Background: The defendant was adjudicated a Level III risk under SORA, which he challenged on appeal. Ruling: The finding is affirmed. ...

Read More »

Suppression: People v. Balkum

Appellate Division, Fourth Department Suppression Statement People v. Balkum KA 04-00876 Appealed from Supreme Court, Monroe County Background: The defendant was convicted after pleading guilty to first-degree attempted robbery and first-degree burglary. On appeal he contended the lower court judge ...

Read More »

Depraved Indifference Murder: People v. Becoats

Appellate Division, Fourth Department Depraved Indifference Murder Grand Jury Instruction People v. Becoats KA 05-02596 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of depraved indifference murder and robbery. His co-defendant’s murder conviction previously was reduced to ...

Read More »

Rape: People v. Russell

Appellate Division, Fourth Department Rape Inclusory Concurrent Count People v. Russell KA 07-01787 Appealed from Wyoming County Court Background: The defendant was convicted of predatory sexual assault as well as first-degree rape. Ruling: The conviction is modified by dismissing the ...

Read More »

Murder: People v. Simon

Appellate Division, Fourth Department Murder Missing Witness Instruction People v. Simon KA 08-01505 Appealed from Erie County Court Background: Convicted at trial of second-degree murder and first-degree attempted robbery, the defendant on appeal argued the trial judge wrongly denied a ...

Read More »

Sex Offender Registration Act: People v. Gregory

Appellate Division, Fourth Department Sex Offender Registration Act Statute of Limitations People v. Gregory KA 08-00527 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of a sex offense in 1991 and received a five-year probation sentence. The ...

Read More »

Sentencing: People v. Rapone

Appellate Division, Fourth Department Sentencing Relocation of Probation People v. Rapone KA 08-02631 Appealed from Genesee County Court Background: The defendant pleaded guilty to attempted criminal possession of a controlled substance, third degree, and received a split sentence of six ...

Read More »