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Tag Archives: Appellate Division

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 criminal contempt in the second degree but on appeal contended that the accusatory instrument, a ...

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Response to Jury Note: People v. Rivera

Appellate Division, Fourth Department   Response to Jury Note Suppression of Physical Evidence People v. Rivera KA 09-02420 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of murder in the second degree at a jury trial. On ...

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Assigned Counsel: Smith v. Tormey

Appellate Division, Fourth Department   Assigned Counsel Eligibility List Smith v. Tormey OP 10-02073 Proceeding initiated in the Appellate Division Background: The issue in this article 78 proceeding was whether an attorney who was not on the assigned counsel panel ...

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‘Miranda’ Warnings: People v. Dunn

Appellate Division, Fourth Department   ‘Miranda’ Warnings Break In Interrogation People v. Dunn KA 08–00139 Appealed from Supreme Court, Monroe County Background: On appeal from a judgment convicting him upon his plea of guilty of robbery in the second degree, ...

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Corporations: Boy Scouts of America v. Cayuga County Council No. 366

Appellate Division, Fourth Department   Corporations Disposal of Assets — Notice to Attorney General Boy Scouts of America v. Cayuga County Council No. 366 CA 10–00102 Appealed from Supreme Court, Cayuga County Background: The defendants appealed and the plaintiff cross-appealed ...

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Trespass: Barrett v. Watkins

Appellate Division, Third Department Trespass Confinement of Trespassers — Unlawful Imprisonment Barrett v. Watkins 511021 Appealed from Supreme Court, Sullivan County Background: On April 25, 2005, plaintiffs drove to a remote, wooded public recreation area located at the southeast side ...

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Sentencing: People v. Howard

Appellate Division, Fourth Department Sentencing Conviction after Trial People v. Howard KA 08-01807 Appealed from Oneida County Court Background: The defendant was convicted after trial of felony assault and resisting arrest. On appeal he contended that the sentence was greater ...

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Guilty Plea: People v. Reinhardt

Appellate Division, Fourth Department Guilty Plea Monosyllables People v. Reinhardt KA 09-02119 Appealed from Oswego County Court Background: The defendant pleaded guilty to drug possession. On appeal he contended that he did not knowingly, intelligently and voluntarily waive his right ...

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Jury Instruction: People v. Rivera

Appellate Division, Fourth Department Jury Instruction Misstatement of Elements People v. Rivera KA 07-00779 Appealed from Monroe County Court Background: The defendant was convicted of felony murder after a jury trial. In instructing the jury, the trial judge misstated the ...

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