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Tag Archives: Appellate Division

‘Sandoval’ Ruling: People v. Poole

Appellate Division, Fourth Department ‘Sandoval’ Ruling Agency Defense People v. Poole KA 09-02415 Appealed from Orleans County Court Background: The defendant was charged and convicted after trial of drug sale and drug possession. On appeal he raised the Sandoval ruling ...

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SORA: People v. Cullen

Appellate Division, Fourth Department SORA Modification Petition People v. Cullen KA 10-00180 Appealed from Cayuga County Court Background: The defendant was previously adjudicated a Level 3 risk. A modification petition may be brought once every two years under the Sex ...

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Sex Offender Registration Act: People v. Alvarado

Appellate Division, Fourth Department Sex Offender Registration Act Classification People v. Alvarado KA 09-00745 Appealed from Supreme Court, Monroe County Background: The defendant was adjudicated a Level 3 sexual predator in a SORA proceeding. On appeal he contested both the ...

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Assault: People v. Felipe

Appellate Division, Third Department Assault Serious Injury Requirement — Second Degree Assault People v. Felipe 102759 Appealed from County Court, Saratoga County Background: After meeting at a bar, the defendant brought the victim to what she thought was his residence ...

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Automobile Stop: People v. Dempsey

Appellate Division, Fourth Department   Automobile Stop Search of Person People v. Dempsey KA 07-02343 Appealed from Monroe County Court Background: The defendant was stopped in an automobile and police searched him. After his conviction upon guilty plea to Criminal ...

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Sexual Offenses: People v. Jenkins

Appellate Division, Fourth Department   Sexual Offenses Dismissal of Count People v. Jenkins KA 09-01367 Appealed from Supreme Court, Erie County Background: The defendant was indicted for predatory sexual assault against a child, a class A-II felony, and rape first degree, ...

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Municipal Law: Niedermaier v. Town of Conesus

Appellate Division, Fourth Department   Municipal Law Town Highways Niedermaier v. Town of Conesus 1603 Article 78 Proceeding; Supreme Court, Livingston County Background: Petitioner commenced this CPLR article 78 proceeding seeking a determination that Kuder Hill Road in respondent Town ...

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Unemployment Benefits: Matter of French v. Town of Lyndon

Appellate Division, Third Department Unemployment Benefits Dissatisfaction with Employer Procedures Matter of French v. Town of Lyndon 509932 Appealed from the Unemployment Insurance Appeal Board Background: The claimant was employed as a driver/operator for the employer for approximately five years ...

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Unemployment Benefits: Matter of Lumbrazo v. Environmental Remediation Services Inc.

Appellate Division, Third Department Unemployment Benefits Disqualification — Misconduct Matter of Lumbrazo v. Environmental Remediation Services Inc. 509701 Appealed from the Unemployment Insurance Appeal Board Background: The claimant worked as a job site supervisor for a demolition and remediation contractor.  ...

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