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Tag Archives: Appellate Division

Fourth Department – Consecutive Sentences: People v. Orth

Appellate Division, Fourth Department – Consecutive Sentences – Illegal Sentences People v. Orth KA 14-00503 Appealed from Supreme Court, Erie County Background: The defendant pleaded guilty to three misdemeanors: petit larceny, resisting arrest and DWI. He was sentenced to consecutive ...

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Fourth Department – Unlawful Detainment: People v. Roosevelt

Appellate Division, Fourth Department – Unlawful Detainment – Criminal Possession of a Weapon   People v. Roosevelt KA 13-00679 Background: The defendant appealed the conviction of criminal possession of a weapon in the second degree. The defendant argued County Court ...

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Fourth Department – Predatory Sexual Assault: People v. Jefferson

Appellate Division, Fourth Department – Predatory Sexual Assault – Multiplicitousness People v. Jefferson KA 10–01790 Background: The defendant was convicted after jury trial of two counts of predatory sexual assault and other felonies. Among the issues he raised on appeal ...

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Fourth Department – Serious Injury: Gawron v. Town of Cheektowaga

Appellate Division, Fourth Department – Serious Injury – Issue of Fact – Preexisting Injury   Gawron v. Town of Cheektowaga CA 14-01344 Appealed from Supreme Court, Erie County   Background: The plaintiffs commenced an action after their vehicle was struck by ...

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Fourth Department – Workers Compensation Lien: Klem v. Special Response Corporation

Appellate Division, Fourth Department – Workers Compensation Lien – Settlement of Third-party Action   Klem v. Special Response Corporation CA 13-01879 Appealed from Supreme Court, Steuben County   Background: The plaintiff commenced an action after she injured her ankle in the ...

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Fourth Department – Circumstantial Evidence: People v. Daniels

Appellate Division, Fourth Department – Circumstantial Evidence – Robbery People v. Daniels KA 13-00422 Background: The defendant appealed from a nonjury verdict convicting him of robbery in the second degree, grand larceny in the third degree and reckless driving. The defendant ...

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