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Appeals

New trial for Elmira man involved in fatal gang attack

A judge’s failure to respond to jury notes before rendering a verdict is resulting in a new trial for an Elmira man convicted of being part of a gang assault in which a Rochester mother of four was killed. The ...

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COA: Defendant can’t confront threatened witness

A convicted burglar gave up his right to confront a witness at his 2009 trial because his threats against her were why she was not available to testify, the state’s highest court has affirmed. The Court of Appeals on Thursday, ...

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Court rejects Exxon Mobil appeal of $105M verdict

WASHINGTON (AP) — The U.S. Supreme Court has declined to disturb a $105 million verdict against Exxon Mobil for contaminating New York City’s groundwater. The justices had no comment Monday on their order rejecting Exxon Mobil Corp.’s appeal of the ...

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Court of Appeals leaves New York’s ‘Martin’ rule intact

Additional exceptions to a state law governing lawsuits against unincorporated associations, such as many unions, will not be changed by the outcome of a lawsuit brought by a fired Syracuse bus driver. A divided Court of Appeals on Tuesday decided ...

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Appeal of surveillance ruling rejected

WASHINGTON (AP) — The U.S. Supreme Court on Monday declined an early look at a constitutional challenge to the National Security Agency’s bulk collection of millions of Americans’ telephone records, instead allowing the dispute to work its way through the ...

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Court rejects appeal over gay bias case

ALBUQUERQUE, N.M. (AP) — The U.S. Supreme Court rejected an appeal Monday from a studio that refused to photograph a lesbian couple’s commitment ceremony, letting stand a New Mexico high court ruling that helped spur a national debate over gay ...

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COA: Trial court should have issued accomplice charge

Failure to instruct a jury that an eyewitness to a homicide could have be considered as an accomplice has led to reversal of the manslaughter conviction of Merlin G. Sage, 34, formerly of Rochester. Sage and another man were found ...

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State ordered to pay additional attorney fees

The state will not only have to pay counsel fees on a sexual discrimination case, but, in what attorneys claim is rarely done, the costs related to appealing a decision granting those fees. The Appellate Division, Fourth Department, in its ...

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Student can proceed with suit over house party

Student residents of an off-campus house at the College at Brockport were responsible for maintaining the property in a safe condition, but did not have a duty to protect a party attendee from his own voluntary intoxication, an appeals court ...

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Appellate ruling could knock wind out of energy project

Changing circumstances on a proposed wind turbine project in Cattaraugus County justified the Allegany Town Planning Board’s decision against granting an application extension, an appeals court has ruled. The Appellate Division, Fourth Department, in its unanimous decision March 21, found ...

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Conviction upheld in drugged-driving death

Vehicular manslaughter and homicide convictions will stand against an Allegany County woman who struck a van after taking prescription drugs and driving, killing an 11-year-old girl. Robin L. Drouin, 58, formerly of Wellsville, contended the people did not prove she ...

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