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Fourth Department – Youthful Offender: People v. Angel T.C.
Appellate Division, Fourth Department – Youthful Offender – Appellate Discretion People v. Angel T.C. KA 13-01936 Appealed from Genesee County Court Background: The defendant pleaded guilty to criminal possession of stolen property fourth degree, based upon his actions with others in stealing a car. At sentencing, the judge denied youthful offender status. Ruling: Judgment modified, a[...]
Fourth Department – Subpoena Duces Tecum: Ziolokowski v. Han-Tek Inc.
Appellate Division, Fourth Department – Subpoena Duces Tecum – Relevance – Affirmative Defense Ziolokowski v. Han-Tek Inc. CA 14-01371 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries he sustained in a work-related accident. The attorney for the defendant issued a subpoena duces tecum directing the pla[...]
Fourth Department – Breach of Contract: Town Board of Town of Brighton v. West Brighton Fire Department
Appellate Division, Fourth Department – Breach of Contract – Volunteer Fire Department – Specific Performance Town Board of Town of Brighton v. West Brighton Fire Department CA 14-01110 Appealed from Supreme Court, Monroe County Background: The petitioners commenced a hybrid article 78 proceeding and declaratory judgment action seeking a declaration that the responden[...]
Fourth Department – Motion to Dismiss: Tudisco v. Mincer
Appellate Division, Fourth Department – Motion to Dismiss – Statute of Frauds – Supporting Pleadings Tudisco v. Mincer CA 14-01305 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action to enforce an oral agreement concerning the purchase of residential property. The defendant moved to dismiss on the ground that the alleged agreement [...]
Fourth Department – Malicious Prosecution and False Arrest: Washington v. Town of Greece
Appellate Division, Fourth Department – Malicious Prosecution and False Arrest – Active Role – Mall Security Washington v. Town of Greece CA 14-00373 Appealed from Supreme Court, Monroe County Background: The lawsuit stems from an altercation between the plaintiff and security personnel at the Greece Mall. As a result of the altercation, the plaintiff was […]
Fourth Department – Guilty Plea: People v. Vanvleet
Appellate Division, Fourth Department – Guilty Plea – Failure to Provide Discovery People v. Vanvleet KA 14-00033 Appealed from Seneca County Court Background: The defendant pleaded guilty to criminal mischief, second degree. On appeal, he challenged the prosecution’s failure to provide certain discovery and to respond to his demand for a bill of particulars. Ruling: […]
Fourth Department – Tax Assessment: The Torok Trust v. Town of Alexandria
Appellate Division, Fourth Department – Tax Assessment – Unlawful – Three-year Assessment Freeze – Refunds The Torok Trust v. Town of Alexandria CA 14-01460 Appealed from Supreme Court, Jefferson County Background: The petitioner commenced a tax certiorari proceeding seeking to reduce the assessment on its property for 2007. The parties reached an agreement […]
Fourth Department – Juvenile Delinquent: Matter of Jacob A.T.
Appellate Division, Fourth Department – Juvenile Delinquent – Least Restrictive Disposition Matter of Jacob A.T. CAF 14-01015 Appealed from Family Court, Yates County Background: The respondent appealed from three orders, each adjudicating him to be a juvenile delinquent based on the finding that he committed petit larceny and criminal possession of stolen property. [&hel[...]
Fourth Department – Account Stated: Schwerzmann & Wise v. Town of Hounsfield
Appellate Division, Fourth Department – Account Stated – Retention of Bills – Inference of Agreement to the Balance Due Schwerzmann & Wise v. Town of Hounsfield CA 14-00940 Appealed from Supreme Court, Jefferson County Background: The plaintiff law firm commenced an action seeking to collect unpaid legal fees allegedly owed by the defendant […]
Fourth Department – Body Stealing: People v. Vickers
Appellate Division, Fourth Department – Body Stealing – Effective Assistance of Counsel People v. Vickers KA 11-01020 Appealed from Supreme Court, Monroe County Background: The defendant was one of several who were convicted of body stealing, opening graves and unlawful dissection of a body. He contended on appeal that the evidence was legally insufficient, and […]
Fourth Department – Child Custody: Matter of Martha S.
Appellate Division, Fourth Department – Child Custody – Neglect – Consent to Order – Appeal Matter of Martha S. CAF 13-01091 Appealed from Family Court, Genesee County Background: The respondent mother appeals from an order that found she neglected the subject children. Ruling: The Appellate Division dismissed the appeal. The court noted […]
Fourth Department – Sex Offender Registration Act
Appellate Division, Fourth Department – Sex Offender Registration Act – Upward Departure People v. Sczerbaniewicz KA 14-00721 Appealed from Onondaga County Court Background: The defendant was found to be a Level III offender, high risk, under SORA. He challenged the finding of an “upward departure” that the judge applied from the presumptive risk level. The […]
Case Digests
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
- Fourth Department – Slip and fall: Black v. 465 Payne Avenue
- Second Circuit – Misappropriation of trade secrets: Pauwels v. Deloitte
- Fourth Department – Molineux evidence: People v. Anderson
Law News
- N.Y. Court of Appeals reverses murder conviction because of illegal search
- State board approves cannabis lawsuit settlements, paves way for the opening of retail dispensaries
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
- Rochester-area family sues over compromised medical records
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