Appellate Division, Fourth Department – Withdrawal of Guilty Plea – Manslaughter in the First Degree People v. Days KA 12-00113 Background: The defendant appealed from a judgment convicting him, upon a guilty plea, of manslaughter in the first degree. Before ...

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Appellate Division, Fourth Department – Probable Cause – Citizen Informant   People v. Whorley KA 11–02371 Appealed from Supreme Court, Onondaga County Background: The defendant was convicted after pleading guilty to criminal possession of a weapon. He challenged whether the ...

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Appellate Division, Fourth Department – Motor Vehicle Accident – Triable Issue of Fact – Conflicting Testimony   Sims v. Kushnood HAQ CA 14-00736 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking damages after she ...

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Appellate Division, Fourth Department – Public Authorities Law – Not-for-profit – Local Development Corporation Operation Oswego County v. State of New York Authorities Budget Office CA 14-01182 Appealed from Supreme Court, Oswego County   Background: The petitioner commenced a combined ...

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Appellate Division, Fourth Department – Premise Liability – Notice – Summary Judgment   Rivera v. Tops Markets CA 14-01131 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action alleging injuries as a result from slipping on ...

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Appellate Division, Fourth Department – Disclosure – Appointment of Referee – Physician-Patient Privilege   Schlau v. City of Buffalo, et al. CA 13-01595 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action alleging he sustained injuries ...

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Appellate Division, Fourth Department – Custody/Visitation – Change in Circumstances   Rice v. Cole CAF 13-00872 Appealed from Family Court, Ontario County   Background: The respondent father appealed from an order modifying the existing custody/visitation agreement by directing that he ...

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Appellate Division, Fourth Department – SORA Factors – Downward Departure People v. Merkley KA 13–01803 Background: The defendant, a convicted sex offender, challenged both the points assessed against him and whether a “downward departure” was warranted in determining his risk ...

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Appellate Division, Fourth Department – Ignition Interlock Device – Legal Sentence   People v. Scholz KA 14–00066 Appealed from Cayuga County Court Background: The defendant pleaded guilty to various crimes in four separate indictments. One of those was driving while ...

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Appellate Division, Fourth Department – Suppression Hearing – Adverse Inference   People v. Manigault KA 11–01952 Background: The defendant pleaded guilty to criminal possession of a weapon, specifically conditioning his guilty plea on appealing the denial of his suppression motion. ...

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Appellate Division, Fourth Department – Custody – Relocation – Economic Necessity   Newman v. Duffy CAF 14-00781 Appealed from Family Court, Erie County   Background: The father appealed from an order that modified a prior order of custody and permitted ...

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Appellate Division, Fourth Department – Breach of Contract – Negligent Appraisal – Six-Year Statute of Limitations   Nothnagle Home Securities Corp. v. Bruckner, Tillet, Rossi, Cahill & Associates CA 14-01237 Appealed from Supreme Court, Monroe County   Background: The plaintiff ...

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