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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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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Appellate Division, Fourth Department   Sex Offender Registration Act Court Martial  People v. Fleming KA 08-02185 Appealed from Cayuga County Court Background: The defendant challenged his Level 1 SORA adjudication on the basis that he should not have been required ...

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Appellate Division, Fourth Department   Subpoena Prosecutorial Misconduct People v. Wildrick KA 10-02011 Appealed from Ontario County Court Background: Three issues were discussed in an appeal from a sex offense prosecution in which a judge dissented in part. The first ...

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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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Appellate Division, Fourth Department   Labor Law Scaffold Law — Negligence Ozimek v. Holiday Valley Inc. CA 10–02134 Appealed from Supreme Court, Chautauqua County Background: The appeals that are decided here are from an order that granted in part the ...

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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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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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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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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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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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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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