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Tag Archives: Appellate Division

Showup Procedure: People v. Santiago

Appellate Division, Fourth Department Showup Procedure Suggestiveness People v. Santiago KA-09-01012 Appealed from Monroe County Court Background: The defendant challenged his convictions for burglary and possession of burglar’s tools based upon an identification procedure. In the trial court, he had ...

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Superior Court Information: People v. Starkweather

Appellate Division, Fourth Department Superior Court Information Sufficiency People v. Starkweather KA 10-00552 Appealed from Niagara County Court Background: The defendant pleaded guilty to driminal contempt second degree but on appeal contended that the accusatory instrument, a superior court information ...

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Effective Assistance of Counsel: People v. Russell

Appellate Division, Fourth Department Effective Assistance of Counsel Personality Dispute People v. Russell KA 07-01053 Appealed from Onondaga County Court Background: The defendant was convicted after a bench trial of drug sale and drug possession. Among the several issues he ...

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Liquor Law: Matter of Comedy Playhouse LLC v. New York State Liquor Authority

Appellate Division, Fourth Department Liquor Law Mayors — Police Supervision Matter of Comedy Playhouse LLC v. New York State Liquor Authority TP 10-02213 Article 78 Proceeding; Supreme Court, Jefferson County Background: The petitioner is owned and operated by Michael Kinnie, ...

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Incarceration: Robinson v. Fischer

Appellate Division, Fourth Department Incarceration Involuntary Custody Robinson v. Fischer TP 10-02012 Transferred from Supreme Court, Seneca County Background: The petitioner, a state prison inmate, wrote a letter criticizing the Muslim religion. He showed the letter to other inmates and ...

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Evidence: People v. Rivera

Appellate Division, Fourth Department Evidence Uncharged Crimes People v. Rivera KA 07-01060 Appealed from Monroe County Court Background: The defendant was convicted after jury trial of several felony sex offenses. On appeal she contended that the judge erred in admitting ...

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Suppression: People v. Johnson

Appellate Division, Fourth Department Suppression Payton Violation People v. Johnson KA 08-00223 Appealed from Monroe County Court Background: The defendant contended on appeal from his robbery conviction that his statements to the police should have been suppressed. The basis for ...

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Contempt: People v. Ferenchak

Appellate Division, Fourth Department Contempt Sufficiency of Information  People v. Ferenchak KA 09-00595 Appealed from Onondaga County Court Background: The defendant was convicted of criminal contempt for violation of an order of protection. He challenged the misdemeanor information as being ...

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