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Appeals

Inmate misses hearing out of fear of being beaten

A former state prisoner who missed an assessment hearing out of fear of being beaten wants his sex offender risk level downgraded, claiming his absence was involuntary. James Poleun, 47, pleaded guilty in 2009 in Niagara County Court to a ...

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Defense says teen killer was under duress

Defense counsel for a young man, who as a teenager was involved in the brutal murder of another teen, is asking an appeals court to reduce his conviction because she says the trial judge should have allowed a defense of ...

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Court of Appeals clerk retiring

Andrew Klein, clerk of the state Court of Appeals, is retiring as of today. Klein announced in June he would retire at the end of the summer. He is being replaced by Deputy Clerk John P. Asiello, a Corning native ...

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Appeals court gives OK to Seneca casino

NEW YORK — An appeals court has upheld a lower-court’s rejection of a lawsuit challenging the Seneca Indian Nation’s right to operate a casino in Buffalo. The U.S. Court of Appeals for the 2nd Circuit in Manhattan ruled Tuesday. It rejected ...

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AD weighs allegations against Cicero town supervisor

Allegations of official misconduct against a town supervisor in Onondaga County are before the Appellate Division on a petition by the father of a fellow board member. Paul Becallo, father of Cicero Town Board member Mike Becallo, has filed a ...

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COA refuses to hear appeals in chimp personhood case

ALBANY — An animal rights group seeking legal personhood for chimpanzees won’t get a hearing in the state’s highest court. The Court of Appeals, without comment Tuesday, declined to hear the appeals by The Nonhuman Rights Project on behalf of ...

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Conflicting accounts raise vehicle stop issues

Police had probable cause to arrest a driver after smelling marijuana when he rolled down the window of his car, which he claims was moving and ordered to stop by the police officer. The standard of evidence for a vehicle ...

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Truckers fight having Thruway tolls pay for canals

Truckers throughout the country may proceed with a lawsuit against the New York State Thruway Authority, claiming they are unconstitutionally being charged to support the state’s canal system. The U.S. Court of Appeals for the Second Circuit on Tuesday re-instated the ...

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Apartment project near Eastman House may proceed

There was nothing illegal in the approval process for a special permit to allow apartment building construction in a Planned Development District near the George Eastman House, the Appellate Division, Fourth Department, ruled Friday. The unanimous ruling, which affirmed dismissal ...

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