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Appellate Division, Fourth Dept.

Fourth Department – Retaliation: Vendetti v. Zyqiak, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Retaliation Directed verdict – Tortious interference – Adverse employment actions Vendetti v. Zyqiak, et al. 19-01065 Appealed from Supreme Court, Oneida County Background: The plaintiff, a civil engineer employed by ...

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Fourth Department – Child visitation: Santoro v. Guggi

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child visitation Incarcerated parent – Child’s wishes Santoro v. Guggi CAF 19-00812 Appealed from Family Court, Oneida County Background: The petitioner-respondent father filed a modification petition and violation petition seeking ...

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Fourth Department – Directed verdict: Veley v. Manchester

New York State Supreme Court, Appellate Division, Fourth Judicial Department Directed verdict Prior to close of case – Reversible error Veley v. Manchester CA 19-02030 Appealed from Supreme Court, Erie County Background: The decedent converted a credit union account into ...

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Fourth Department – Murder second degree: People v. Smallwood

New York State Supreme Court, Appellate Division, Fourth Judicial Department Murder second degree Intent – Victim’s injuries People v. Smallwood KA 19-01434 Appealed from Wayne County Court Background: The defendant appealed from his conviction of murder arguing that the verdict ...

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Fourth Department – Speedy trial: People v. Reed

New York State Supreme Court, Appellate Division, Fourth Judicial Department Speedy trial Ineffective assistance of counsel People v. Reed KA 18-01451 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from an order denying his CPL 440.10 motion to ...

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Fourth Department – Wrongful death: Reames v. State of New York

New York State Supreme Court, Appellate Division, Fourth Judicial Department Wrongful death Substantial factor – Negligent maintenance Reames v. State of New York CA 20-00533 Appealed from the Court of Claims Background: The decedent sustained fatal injuries when the vehicle ...

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Fourth Department – Assault: People v. Pietrocarlo

New York State Supreme Court, Appellate Division, Fourth Judicial Department Assault Accessory liability – Sufficiency of evidence People v. Pietrocarlo KA 19-02154 Appealed from Supreme Court, Erie County Background: The defendant appealed from a judgment convicting her of assault in ...

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Fourth Department – Leave to amend complaint: Pitt v. The Hague Corp.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Leave to amend complaint Delay – Prejudice to defendant Pitt v. The Hague Corp. CA 20-00276 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking damages ...

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Fourth Department – Jury selection: People v. Padilla

New York State Supreme Court, Appellate Division, Fourth Judicial Department Jury selection Peremptory challenge – Unequivocal assurance People v. Padilla KA 18-00710 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of robbery and unlawful fleeing a ...

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Fourth Department – Plea: People v. Nguyen

New York State Supreme Court, Appellate Division, Fourth Judicial Department Plea Terms and consequences People v. Nguyen KA 14-01895 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of felony aggravated driving while intoxicated. He argues ...

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Fourth Department – Sex Offender Registration Act: People v. Orlopp

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Physical helplessness – Age – Intoxication People v. Orlopp KA 19-01363 Appealed from Wayne County Court Background: The defendant appealed from a determination that he is ...

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Fourth Department – Insurance fraud: People v. Murray

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance fraud Investigator testimony – Prejudicial People v. Murray KA 17-00108 Appealed from Supreme Court, Monroe County Background: The defendant appealed from her conviction of insurance fraud and falsifying business ...

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