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Sex Offender Registration Act: People v. Montanez
Appellate Division, Fourth Department Sex Offender Registration Act Drug Use and Previous Convictions People v. Montanez KA 10-01395 Appealed from Supreme Court, Oneida County Background: Under the SORA statute, the defendant was found to be a high risk sex offender, level III. He challenged certain point calculations, including drug and alcohol use and previous criminal […]
DWI: People v. Gavenda
Appellate Division, Fourth Department DWI Checkpoint People v. Gavenda KA 11-00612 Appealed from Genesee County Court Background: The defendant was stopped at a roadside DWI checkpoint and arrested. After being convicted of felony DWI, he contended on appeal that the checkpoint violated the Fourth Amendment. Ruling: Conviction affirmed. The defendant was stopped pursuant to a […]
Empire Zone: Greece Town Mall LP v. Dennis Mullen
Appellate Division, Fourth Department Empire Zone Article 78 — Statute of Limitations Greece Town Mall LP v. Dennis Mullen CA 11-00471 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking a declaration by the court to annul the determination decertifying the plaintiff as an “Empire Zone” business. The plaintiff also brought […]
Burglary: People v. Jamieson
Appellate Division, Fourth Department Burglary Entry by Trickery People v. Jamieson KA 09-02235 Appealed from Erie County Court Background: The defendant was convicted after a bench trial of burglary second degree. He contended that evidence of unlawful entry and of intent to commit a crime at the time of entry was insufficient. The defendant wore […]
Robbery: People v. Johnson
Appellate Division, Fourth Department Robbery Verdict Sheet People v. Johnson KA 10-01095 Appealed from Supreme Court, Erie County Background: The defendant was convicted at jury trial of a single-count indictment, robbery in the first degree. In challenging the weight of the evidence, the defendant focused on identification: the store manager who identified the defendant at […]
Contract Construction: Gilpin v Oswego Builders Inc., et al
Appellate Division, Fourth Department Contract Construction Extrinsic Evidence Gilpin v Oswego Builders Inc., et al CA 11-00042 Appealed from Supreme Court, Oswego County Background: The plaintiffs had commenced the action alleging that they purchased a residence in a subdivision from the defendants and that, prior to the closing, the defendants agreed to complete certain repairs, including [&hel[...]
Due Process: Fewell v. Koons
Appellate Division, Fourth Department Due Process Contempt Fewell v. Koons CAF 10-01240 Appealed from Family Court, Erie County Background: The petitioner father appealed from an order that dismissed his petition alleging that the respondent mother violated a prior order of visitation with respect to the parties’ son. The court had dismissed the petition as the […]
DWI: People v. Daggett
Appellate Division, Fourth Department DWI Persistent Felony Offender People v. Daggett KA 07-01780 Appealed from Onondaga County Court Background: The defendant was convicted of DWI and Driving While Ability Impaired by Drugs, both as felonies. He was sentenced as a persistent felony offender, receiving the maximum sentence. One of the issues on appeal concerned the […]
Double Jeopardy: People v. Sanders
Appellate Division, Fourth Department Double Jeopardy Previous Conviction People v. Sanders KA 10-00362 Appealed from Monroe County Court Background: The defendant pleaded guilty to assault first degree by way of a waiver of indictment in 2003. Five years later, in 2008, he was charged with Criminally Negligent Homicide and Misdemeanor Assault on an unrelated matter. […]
CPL 440.10 motion: People v. Dombrowski
Appellate Division, Fourth Department CPL 440.10 Motion Ineffective Assistance of Counsel People v. Dombrowski KA 10-0213 Appealed from Erie County Court Background: After being convicted of second-degree burglary, the defendant moved to set aside the conviction. The basis of the post-judgment motion was ineffective assistance of counsel, specifically, the failure to call defense witnesses who [&h[...]
Worker’s Compensation: Farm Family Casualty Insurance Company v. Brady Farms Inc.
Appellate Division, Fourth Department Worker’s Compensation Indemnification Farm Family Casualty Insurance Company v. Brady Farms Inc. CA 10-02440 Appealed from Supreme Court, Genesee County Background: The plaintiff commenced the action seeking a declaration that it has no duty to defend or indemnify the defendant owner and operator of a farm, in connection with fatal injuries sustained [&hell[...]
Civil Servant: Emmerling v. Town of Richmond
Appellate Division, Fourth Department Civil Servant Misconduct — Termination Emmerling v. Town of Richmond TP 11-00294 Appealed from the Supreme Court, Ontario County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination to terminate his employment as a recreational specialist for the respondent. The petitioner argued that the determination was not [&he[...]
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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