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Appellate Division, Fourth Dept.

Fourth Department – Resentencing: People v. Nelson

New York State Supreme Court, Appellate Division, Fourth Judicial Department Resentencing Unduly harsh – Conviction reduction People v. Nelson KA 20-00984 Appealed from Supreme Court, Monroe County Background: The defendant was convicted following a jury trial of gang assault. On ...

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Fourth Department – Premises liability: Kuznik-Defranco v. Cushman & Wakefield

New York State Supreme Court, Appellate Division, Fourth Judicial Department Premises liability Contractors – Launched a force or instrument of harm Kuznik-Defranco v. Cushman & Wakefield CA 20-00130 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action ...

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Fourth Department – Joint bank accounts: Najjar v. Sanzone

New York State Supreme Court, Appellate Division, Fourth Judicial Department Joint bank accounts Decedent’s intention – Joint tenancy Najjar v. Sanzone CA 20-00398 Appealed from Surrogate’s Court, Monroe County Background: The petitioners and respondent are decedent’s children and the respondent ...

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Fourth Department – Eavesdropping wiretap warrants: People v. Liggins

New York State Supreme Court, Appellate Division, Fourth Judicial Department Eavesdropping wiretap warrants Evidence of consciousness of guilt People v. Liggins KA 18-00530 Appealed from Oneida County Court Background: The defendant appealed from his conviction of two counts of robbery. ...

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

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Upward departure – Aggravating factors People v. June KA 20-01201 Appealed from Onondaga County Court Background: The defendant appealed from a determination that he is a ...

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Fourth Department – Robbery: People v. Johnson

New York State Supreme Court, Appellate Division, Fourth Judicial Department Robbery Display of an object resembling a firearm People v. Johnson KA 19-00666 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of burglary, robbery, and ...

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Fourth Department – Murder: People v. Isaac

New York State Supreme Court, Appellate Division, Fourth Judicial Department Murder Circumstantial evidence – Reasonable doubt People v. Isaac KA 17-01813 Appealed from Supreme Court, Onondaga County Background: The defendant appealed from his conviction of murder in the first degree. ...

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Fourth Department – Burglary: People v. Jacobs

New York State Supreme Court, Appellate Division, Fourth Judicial Department Burglary Uncharged burglary – Common plan or scheme People v. Jacobs KA 16-01907 Appealed from Supreme Court, Oswego County Background: The defendant appealed from his conviction of burglary stemming from ...

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Fourth Department – Sexual assault: People v. Heffner

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sexual assault Victim’s testimony – Prior allegations People v. Heffner KA 18-01633 Appealed from Steuben County Court Background: The defendant appealed from a judgment convicting him of attempted rape and ...

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Fourth Department – Motion to dismiss: Galster Road Properties v. Penske Truck Leasing

New York State Supreme Court, Appellate Division, Fourth Judicial Department Motion to dismiss General release – Ambiguous language Galster Road Properties v. Penske Truck Leasing CA 20-00639 Appealed from Supreme Court, Onondaga County Background: The plaintiffs commenced an action asserting ...

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Fourth Department – Assault in the first degree: People v. Gorton

New York State Supreme Court, Appellate Division, Fourth Judicial Department Assault in the first degree Serious physical injury – Justification People v. Gorton KA 17-02227 Appealed from Oneida County Court Background: The defendant appealed from his conviction of assault and ...

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Fourth Department – Tax exemption: Finger Lakes Railway Corp. v. City of Canandaigua

New York State Supreme Court, Appellate Division, Fourth Judicial Department Tax exemption Late filing – Application requirements Finger Lakes Railway Corp. v. City of Canandaigua CA 19-01721 Appealed from Supreme Court, Ontario County Background: The petitioner appealed from an order ...

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