Appellate Division, Fourth Department SORA Meaningful Appellate Review People v. Flax KA 09-00600 Appealed from Supreme Court, Erie County Background: The defendant was adjudicated a level 3 — medium — SORA risk and appealed that classification. The Board of Sex ...

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Appellate Division, Fourth Department Juvenile Delinquency Criminal Responsibility Matter of Christopher T. CAF 08-08-01791 Appealed from Monroe County Family Court Background: A 15-year-old was charged with Rape and Criminal Sexual Act, both in the first degree. He was tried in ...

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Appellate Division, Fourth Department Insurance Water Exclusion Lattimore Road Surgicenter Inc. v. Merchants Group Inc. 41 Appealed from Supreme Court, Monroe County Background: The plaintiff seeks insurance coverage resulting from the rupture of a water main near its ambulatory surgical ...

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Appellate Division, Fourth Department Motion to Reargue Severance People v. Sutton KA 06-03787 Appealed from Erie County Court Background: Convicted of murder and attempted murder, on appeal the defendant objected to the ruling on the defendant’s motion to sever his ...

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Appellate Division, Fourth Department Showup Independent Basis Hearing People v. Blunt KA 06-02808 Appealed from Monroe County Court Background: The defendant was convicted after trial of robbery in the first degree and of other crimes. On appeal, he contended the ...

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Appellate Division, Fourth Department Second Felony Offender Proof of Identity People v. Ricks KA 09-00380 Appealed from Supreme Court, Erie County Background: The defendant was convicted of sodomy, first degree, and other of offenses and was sentenced as a predicate felony ...

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Appellate Division, Fourth Department Search and Seizure Preservation People v. Howard KA 07-00413 Appealed from Monroe County Court Background: The defendant pleaded guilty to third-degree criminal possession of a weapon. On appeal he argued  the judge erred at a suppression ...

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Appellate Division, Fourth Department Interim Probation Revocation People v. Streeter KA 08-02382 Appealed from Niagara County Court Background: After pleading guilty to criminal contempt in the first degree, prior to sentencing the defendant initially was ordered to undergo “interim probation,” ...

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Appellate Division, Fourth Department Cross-examination Harmless Error People v. Gross KA 06-00043 Appealed from Supreme Court, Monroe County Background: In an appeal after a jury convicted the defendant of murder and other crimes, the defendant contended the trial judge erred ...

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Appellate Division, Fourth Department Right to Present a Defense Preservation of Error People v. Dorn KA 09-02156 Appealed from Oneida County Court Background: During a trial for grand larceny and conspiracy, the defendant testified but was barred from introducing letters ...

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Appellate Division, Third Department Real Property Adverse Possession Sawyer v. Prusky 508087 Appealed from Supreme Court, Washington County Background: The appeal is from an order that granted the defendants’ motion to dismiss the plaintiffs’ second cause of action. The plaintiffs ...

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Appellate Division, Third Department Real Property Highway Improvements — Assessments Matter of Batti v. Town of Austerlitz 507507 Article 78 Proceeding; Supreme Court, Columbia County Background: The petitioners appeal from a decision that dismissed their application in a CPLR Article ...

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