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Home / Case Digests / Appellate Division, Fourth Dept. (page 437)

Appellate Division, Fourth Dept.

Burglary: People v. Elder

Appellate Division, Fourth Department Burglary Consecutive Sentencing People v. Elder KA 09-00602 Appealed from Niagara County Court Background: After pleading guilty to second-degree burglary, the defendant was sentenced to consecutive terms. On appeal he argued the judge should have conducted ...

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SORA: People v. Kindred

Appellate Division, Fourth Department SORA Relief from Registration People v. Kindred KA 09-01830 Appealed from Supreme Court, Erie County Background: The defendant was adjudicated a Level 1 risk under SORA but petitioned to be relieved of any future registration requirements. ...

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SORA: People v. Flax

Appellate Division, Fourth Department SORA Meaningful Appellate Review People v. Flax KA 09-00600 Appealed from Supreme Court, Erie County Background: The defendant was adjudicated a level 3 — medium — SORA risk and appealed that classification. The Board of Sex ...

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Juvenile Delinquency: Matter of Christopher T.

Appellate Division, Fourth Department Juvenile Delinquency Criminal Responsibility Matter of Christopher T. CAF 08-08-01791 Appealed from Monroe County Family Court Background: A 15-year-old was charged with Rape and Criminal Sexual Act, both in the first degree. He was tried in ...

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Insurance: Lattimore Road Surgicenter Inc. v. Merchants Group Inc.

Appellate Division, Fourth Department Insurance Water Exclusion Lattimore Road Surgicenter Inc. v. Merchants Group Inc. 41 Appealed from Supreme Court, Monroe County Background: The plaintiff seeks insurance coverage resulting from the rupture of a water main near its ambulatory surgical ...

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Motion to Reargue: People v. Sutton

Appellate Division, Fourth Department Motion to Reargue Severance People v. Sutton KA 06-03787 Appealed from Erie County Court Background: Convicted of murder and attempted murder, on appeal the defendant objected to the ruling on the defendant’s motion to sever his ...

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Showup: People v. Blunt

Appellate Division, Fourth Department Showup Independent Basis Hearing People v. Blunt KA 06-02808 Appealed from Monroe County Court Background: The defendant was convicted after trial of robbery in the first degree and of other crimes. On appeal, he contended the ...

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Second Felony Offender: People v. Ricks

Appellate Division, Fourth Department Second Felony Offender Proof of Identity People v. Ricks KA 09-00380 Appealed from Supreme Court, Erie County Background: The defendant was convicted of sodomy, first degree, and other of offenses and was sentenced as a predicate felony ...

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