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Tag Archives: Appellate Division

Fourth Department — Civil Commitment: State v. Calhoun

Appellate Division, Fourth Department Civil Commitment Release Date State v. Calhoun CA 11-02578 Appealed from Supreme Court, Jefferson County Background: A criminal defendant was convicted in state court of sex offenses and afterward in federal court for additional sex offenses. ...

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Fourth Department — Photographic Identification: People v. Benton

Appellate Division, Fourth Department Photographic Identification Negative Identification People v. Benton KA 09-00276 Appealed from Monroe County Court Background: In a robbery trial, the judge permitted the prosecution to introduce testimony that an eyewitness did not identify the perpetrator from ...

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Fourth Department — Pistol Permit: Galletta v. Hon. John H. Crandall

Appellate Division, Fourth Department Pistol Permit Prior Unlawful Conduct – Acceptance of Responsibility Galletta v. Hon. John H. Crandall OP 12-02353 Initiated in Fourth Judicial Department Background: The petitioner challenged the denial of his application for a pistol permit on ...

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Fourth Department — Contract Formation: Aggressive Co., Inc. v. State Farm Insurance

Appellate Division, Fourth Department Contract Formation Indemnification — Homeowner’s Policy Aggressive Co., Inc. v. State Farm Insurance CA 13-00038 Appealed from Supreme Court, Steuben County Background: The plaintiff commenced an action alleging that additional work orders signed by the defendant’s ...

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Fourth Department — Limitation of Liability Clauses: Electrical Waste Recyling Group v. Andela Tool & Machine, Inc.

Appellate Division, Fourth Department Limitation of Liability Clauses Economic Loss Doctrine Electrical Waste Recyling Group v. Andela Tool & Machine, Inc. CA 12-02211 Appealed from Supreme Court, Herkimer County Background: The plaintiff’s predecessor in interest entered into two separate contracts ...

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Fourth Department — Search and Seizure: People v. Butler

Appellate Division, Fourth Department Search and Seizure Cavity Search People v. Butler KA 11-01386 Appealed from Genesee County Court Background: The defendant pleaded guilty to drug possession and raised on appeal the denial of his suppression motion. During a search ...

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Fourth Department — Warrantless Search: People v. Coles

Appellate Division, Fourth Department Warrantless Search Exigent Circumstances People v. Coles KA 10-02301 Appealed from Ontario County Court Background: The defendant was convicted after trial of various drug sale and possession charges. Police entered the defendant’s residence before a search ...

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