Appellate Division, Fourth Department Statutory Construction Drug Law Reform Act People v. Reeb KA 10-01094 Appealed from Erie County Court Background: The defendant had been convicted of felonies in 1994 and 1995. He was convicted in 2004 of a drug ...

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Appellate Division, Fourth Department Jury Notes Preservation of Error People v. Jones KA 09-01202 Appealed from Supreme Court, Erie County Background: The defendant was convicted of burglary and robbery at jury trial. On appeal, he contended that the judge failed ...

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Appellate Division, Fourth Department Post-release Supervision Constitutionality of Statute  People v. Williams KA 09-01489 Appealed from Erie County Court Background: The defendant was originally sentenced on class B felonies to a determinate sentence of 20 years, without any post-release supervision ...

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Appellate Division, Fourth Department Suppression of Evidence Request for Information People v. Rodriguez KA 10-01100 Appealed from Erie County Court Background: The defendant was charged with weapons possession in connection with a disturbance outside a bar. His statement to another ...

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Appellate Division, Fourth Department Body Parts Legally Insufficient Evidence People v. Gayton KA 09-01818 Background: The defendant was one of several defendants charged with engaging in conduct that resulted in harvesting bone and tissue from cadavers. A licensed funeral director, ...

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Appellate Division, Third Department Unemployment Insurance Independent Business — Disqualification Where No Profit is Seen Ingrao-Woods v. Commissioner of Labor 510411 Appealed from the Unemployment Insurance Appeal Board Background: In August 2007, claimant started an online business providing bereavement support ...

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Appellate Division, Third Department Breach of Contract Modification of Trial Court’s Finding on Facts Richmor Aviation Inc. v. Sportsflight Air Inc. 509735 Appealed from Supreme Court, Columbia County Background: In June 2002, the defendant entered into a contract with the ...

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Appellate Division, Third Department SEQRA Planning Board Duties Matter of Shop-Rite Supermarkets Inc. v. Planning Board of Town of Wawarsing 2011 N.Y. Slip Op. 01764 Article 78 Proceeding; Supreme Court, Ulster County Background: This decision concerns appeals from order that ...

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Appellate Division, Third Department Criminal Knowledge Weight of the Evidence People v. St. Andrews 102543 Appealed from County Court, Washington County Background: Accused of allowing several underage drinking parties to occur on his premises or in his presence, the defendant ...

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Appellate Division, Third Department Unemployment Misconduct Caused by Medical Condition Matter of Buyukcekmece v. Abigail Kirsch At Tappan 510424 Unemployment Insurance Appeal Board Background: The unemployment insurance claimant worked as a server for a catering company for about a year ...

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Appellate Division, Third Department Emotional Distress Private Nuisance — Property Rights Doin v. Dame 510560 Appealed from Supreme Court, Clinton County Background: The parties to this appeal were parties to a prior appeal before our court involving a series of ...

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Appellate Division, Third Department Divorce Equitable Distribution — Court’s Jurisdiction Over Other Matters Rossignol v. Rossignol 510485 Appealed from Supreme Court, Saratoga County Background: After 24 years of marriage, defendant Dolores M. Rossignol commenced an action for divorce against the ...

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