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Tag Archives: Appellate Division

Opinion Testimony: People v. Bogar

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 ...

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Possession of a Weapon: Jacoby v. Evans

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 ...

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Guilty Plea: People v Colbert

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 ...

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Superior Court Information: People v. Attea

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 ...

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Maintenance: Hughes v. Hughes

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 ...

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Mode of Proceedings Error: People v. Kalinowski

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 ...

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Endangering the Welfare of a Child: People v. Bernardo

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 ...

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Consolidation of Indictment: People v. Snyder

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 ...

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