Appellate Division, Fourth Department – Accomplice Testimony – Murder in the Second Degree People v. Blackshear KA 11-01988 Appealed from Oneida County Court Background: The defendant was convicted of murder in the second degree, as well as robbery, burglary and ...

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Appellate Division, Fourth Department – Abuse/Neglect – Medical Records – No Certification – Harmless Error   Matter of Bentleigh O. CAF 13-01941 Appealed from Family Court, Herkimer County   Background: The respondent mother appealed from an order adjudicating her child ...

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Appellate Division, Fourth Department – Child Support – Emancipation – Retroactive Support   Oneida County Department of Social Services v. Christman CAF 14-00847 Appealed from Family Court, Oneida County   Background: The petitioner appealed from an order denying his objection ...

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Appellate Division, Fourth Department – Sports Fight – Sports Association’s Duty to Intercede   Pink v. Ricci, et al. CA 14-00948 Appealed from Supreme Court, Oneida County   Background: The plaintiffs commenced this action seeking damages for injuries sustained by ...

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Appellate Division, Fourth Department – Newly Discovered Evidence – DNA People v. White KA 14-00932 Appealed from Erie County Court Background: The defendant was convicted of rape in the first degree and sexual abuse in the first degree. The prosecutor ...

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Appellate Division, Fourth Department – Breach of Contract – Forgery – Summary Judgment   Littleton Construction v. Huber Construction CA 14-00818 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced an action seeking damages for a breach of ...

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Appellate Division, Fourth Department – Administrative Law – Due Process – Aggravating Factor of Misconduct   Lynch v. New York State Department of Motor Vehicles TP 14-01063 Transferred from Supreme Court, Oneida County   Background: The petitioners commenced an article ...

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Appellate Division, Fourth Department – Voluntary Plea – Plea Colloquy People v. Fuller KA 12-00509 Appealed from Jefferson County Court Background: The defendant pleaded guilty to the attempted criminal sale of a controlled substance in the third degree. The defendant ...

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Appellate Division, Fourth Department – Grand Larceny – Affirmative Defenses   People v. Forbes-Haas KA 12-00280 Appealed from Onondaga County Court Background: The defendant was convicted of grand larceny in the third degree. Under Penal Law §115.15, when a defendant ...

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Appellate Division, Fourth Department – Property Damage – Artificial Means to Divert Water   Krossber v. Cherniss CA 14-01173 Appealed from Supreme Court, Ontario County   Background: The plaintiffs commenced an action seeking injunctive relief and monetary damages based upon ...

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Appellate Division, Fourth Department – Medical Malpractice – Doctor’s Standard of Care – Nurse’s Opinion Testimony   Lauto, et al. v. Catholic Health System CA 14-00496 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a medical malpractice ...

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Appellate Division, Fourth Department – Challenge for Cause – Impartial Verdict People v. Dejesus KA 11-02476 Appealed from Onondaga County Court Background: Then defendant appealed from a jury verdict convicting him of criminal possession of a weapon in the second ...

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