Appellate Division, Fourth Department Bank Robbery Sentencing People v Williams KA 07-00754 Appealed from Onondaga County Court Background: The defendant was convicted of several felonies in connection with three separate bank robberies. One issue on appeal was the sentence imposed, ...

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Appellate Division, Fourth Department Multiple Identifications Expert Services People v. Peterkin KA 07-00393 Appealed from Supreme Court, Monroe County Background: A defendant was convicted after a jury trial of numerous crimes from two separate gunpoint robberies. Two of his appellate ...

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Appellate Division, Fourth Department Murder Extreme Emotional Disturbance People v. McKenzie KA 07-01840 Appealed from Monroe County Court Background: The defendant, convicted after trial of murder second degree, contended that the trial judge erred in denying a jury charge on ...

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Appellate Division, Fourth Department Sentencing Concurrent Sentences People v. Poole KA 08-01558 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of several counts of felony weapons possession and felony assault and received consecutive sentences, which he challenged ...

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Appellate Division, Third Department Unemployment Benefits Violations of Company Policy Matter of Sealey v. Commissioner of Labor 510148 Appealed from the Unemployment Insurance Appeal Board Background: The claimant was employed as a customer service agent for a commercial airline company ...

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Appellate Division, Fourth Department Missing Witness Charge Fifth Amendment People v. Sulli KA 07-00936 Appealed from Monroe County Court Background: After jury trial, in which he was convicted of robbery first degree, the defendant challenged the trial judge’s denial of ...

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Appellate Division, Fourth Department SORA Risk Level Downward Departure People v. Parker KA 09-00734 Appealed from Monroe County Court Background: The defendant was found to be Risk Level 3 under the Sex Offender Registration Act. He argued on appeal that ...

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Appellate Division, Fourth Department Sentencing Right to Trial People v. Brown    KA 09-02337 Appealed from Ontario County Background: The defendant rejected a plea offer of 2 ½ to 5 years and after trial received a sentence of 3 ½ ...

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Appellate Division, Fourth Department Identical Elements Lesser Included Offense People v. Lawrence KA 09-01206 Appealed from Supreme Court, Erie County Background: The defendant was convicted after jury trial of predatory sexual assault against a child. He argued that he was ...

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Appellate Division, Fourth Department Sentencing Court Discretion People v. McCrimager KA 09-01304 Appealed from Supreme Court, Erie County Background: The defendant on appeal challenged the sentence that was imposed upon his guilty plea to attempted drug possession. The issue was ...

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Appellate Division, Fourth Department Escape Parole Officer Arrest People v. Colon KA 09-01788 Appeal from Supreme Court, Erie County Background: The defendant was taken into custody while on parole by his parole officer. No warrant had been issued. Later that ...

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The Village of Brockport’s 2008 law permitting property searches to check for building code violations is constitutional. The Appellate Division, Fourth Department has ruled that a village law passed in 2008 ...

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