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Juvenile conviction can’t be predicate offense

A 1994 out-of-state murder conviction cannot be used as a predicate offense to sentence a Rochester man as a second felony offender for a 2008 sexual abuse conviction because he was only 15 when the first crime was committed. The ...

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Teen cop shooter seeks to overturn conviction

An attorney for the teenager convicted of shooting Rochester police officer Anthony DiPonzio in the head almost five years ago claims errors made before and after the trial are enough to reverse the conviction. Rochester attorney Mark D. Funk, who ...

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COA allows negligence claim on drug tester

ALBANY — New York’s highest court agreed Thursday to let a man sue a drug-testing company for what he claims was a false positive test for marijuana that cost him a promised job, prospective marriage and months of anguish when ...

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Fourth Dept.: Boeheim comments ruled ‘nonactionable opinion’

Two men who filed a defamation suit against Syracuse University head basketball Coach James Boeheim failed to state a cause of action, an appeals court has ruled. The Appellate Division, Fourth Department on Friday affirmed a lower court’s decision dismissing ...

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Second Circuit: Court erred in applying outdated standard

The forfeiture of more than $185,000 from a Rochester man was properly granted to the federal government by the District Court, the U.S. Court of Appeals for the Second Circuit has found, but ruled the lower court committed “a significant ...

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COA reviews out-of-state predicate offense of minor

A Rochester man is challenging the legality of his sentence as a second felony offender, saying his previous conviction on a murder charge was out of state when he was 15 years old and that under New York law, he ...

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