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Appellate Division, Fourth Dept.

Evidence: People v. Bryant

Appellate Division, Fourth Department Evidence Physician-Patient Privilege People v. Bryant KA 07-01140 Appealed from Supreme Court, Monroe County Background: During trial for burglary, robbery and other crimes, the prosecution introduced evidence that the defense argued was in violation of the ...

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Verdict sheet: People v. Miller

Appellate Division, Fourth Department Verdict Sheet Harmless Error Analysis People v. Miller KA 07-01487 Appealed from Supreme Court, Monroe County Background: At the trial for second-degree murder and other charges, the defendant raised the defense of extreme emotional disturbance. The ...

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‘Habeas corpus’: People ex rel Donato v. Kirkpatrick

Appellate Division, Fourth Department ‘Habeas corpus’ Persistent Violent Felony Sentencing People ex rel Donato v. Kirkpatrick KAH 09-00756 Appealed from Supreme Court, Erie County Background: A criminal defendant who received an enhanced sentence as a “persistent violent felony offender” brought ...

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Civil Contempt: Weichert v. New York State Division of Human Rights and Mantanaro

Appellate Division, Fourth Department Civil Contempt Failure to Pay Attorney’s Fees Weichert v. New York State Division of Human Rights and Mantanaro CA 09-01713 Appealed from Supreme Court, Onondaga County Background: The respondent, Kristy Montanaro, obtained a money judgment against ...

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Confirmatory Identification: People v. Releford

Appellate Division, Fourth Department Confirmatory Identification ‘Rodriguez’ Hearing People v. Releford KA 07-00624 Appealed from Monroe County Court Background: The defendant was arrested shortly after a drug purchase. Although he pleaded guilty to third-degree criminal sale of a controlled substance, ...

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Domestic Violence: People v. Milczakowskyj

Appellate Division, Fourth Department Domestic Violence Expert Testimony People v. Milczakowskyj KA 08-01383 Appealed from Cayuga County Court Background: The defendant was charged with second-degree assault and second-degree harassment involving two incidents of domestic violence with his girlfriend. He was ...

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Civil Service: Matter of Harris v. Board of Education

Appellate Division, Fourth Department Civil Service Termination Matter of Harris v. Board of Education 512 Article 78 Proceeding; Supreme Court, Cayuga County Background: The proceeding was brought to annul a determination of respondent Board of Education of Union Springs Central ...

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Municipal Liability: Catanzaro v. Town of Lewiston

Appellate Division, Fourth Department Municipal Liability Negligence Catanzaro v. Town of Lewiston 497 Appealed from Supreme Court, Niagara County Background: The appeal is from an order that granted the defendants’ motion for summary judgment. The plaintiff seeks damages for injuries ...

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