Appellate Division, Fourth Department Opinion Testimony Limiting Instruction People v. Bogar KA 09-02049 Appealed from Niagara County Court Background: Defendant was convicted after jury trial of several felony sexual offenses. He contended that the trial judge erred in allowing in ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Possession of a Weapon Time Assessment Jacoby v. Evans TP 10-02521 Appealed from the Supreme Court, Oneida County Background: The petitioner brought an article 78 proceeding to review a determination that the petitioner violated the conditions ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Guilty Plea Collateral Consequence People v Colbert KA 08-00617 Appealed from Supreme Court, Monroe County Background: Defendant pleaded guilty to Attempted Rape 1st degree but on appeal challenged his plea. The issue raised on appeal was ...

Tagged with: Appellate Division Fourth Department guilty plea

Appellate Division, Fourth Department Criminal Contempt People v Roach KA 10-00973 Appealed from Supreme Court, Monroe County Background: Defendant was charged by an information with a misdemeanor, Criminal Contempt 2nd degree, for violating a temporary order of protection. He was ...

Tagged with: Appellate Division criminal contempt Fourth Department

Appellate Division, Fourth Department Superior Court Information People v. Attea KA 09-00436 Appealed from Erie County Court Background: The defendant pleaded guilty to third-degree criminal possession of stolen property and appealed the conviction on the basis that the waiver of ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Maintenance Evidentiary Requirements Hughes v. Hughes CA 10-02342 Appeal from the Supreme Court, Niagara County Background: The plaintiff appealed an order that directed the defendant to pay plaintiff maintenance for a period of six years. The ...

Tagged with: Appellate Division Fourth Department Maintenance

Appellate Division, Fourth Department Mode of Proceedings Error Jury Note People v. Kalinowski KA 09-01627 Appealed from Erie County Court Background: The defendant was convicted of murder second degree. During deliberations, the jury asked for information about the path of the ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Attempted Murder Missing Witness Charge People v. Hawkins KA 07-02085 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of attempted murder second degree and other felonies. On appeal the contended that the trial ...

Tagged with: Appellate Division attempted murder Fourth Department Missing Witness Charge

Appellate Division, Fourth Department Endangering the Welfare of a Child Geographic Jurisdiction People v. Bernardo KA 10-02313 Appealed from Supreme Court, Onondaga County Background: This prosecution appeal was taken from an order that dismissed the misdemeanor charge of endangering the welfare ...

Tagged with: Appellate Division Endangering the Welfare of a Child Fourth Department

Appellate Division, Fourth Department Attempted Robbery 1st Youthful Offender Status People v. Davis KA 09-01861 Appealed from Genesee County Court Background: The defendant pleaded guilty to attempted first-degree robbery and was denied youthful offender status. On appeal he contended that ...

Tagged with: Appellate Division Fourth Department youthful offender status

Appellate Division, Fourth Department Consolidation of Indictment Inconsistent Defenses People v. Snyder KA 10-00012 Appealed from Seneca County Court Background: Three codefendants were tried jointly for gang assault in the first degree. One defendant on appeal argued that consolidating his indictment ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Collateral Source Health Records — Relevance Goetchius v. Spavento MD, et al. CA 10-01936 Appealed from Supreme Court, Niagara County Background: The plaintiff, as executor of the decedent’s estate, brought a wrongful death action against the ...

Tagged with: Appellate Division Fourth Department