Justice Gerald J. Whalen, presiding justice of the Appellate Division of state Supreme Court, Fourth Department, has announced that on Oct. 24 as part of the Have Gavel, Will Travel program, the Fourth Department will hear oral arguments in the ...

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For the first time in the history of the Appellate Division of state Supreme Court, Fourth Department, an appeal was heard by a panel comprised entirely of the women justices of the Court. On Jan. 10, a panel comprised of ...

Tagged with: Appellate Division of state Supreme Court Fourth Department

A state appeals court upheld the conviction of a man on burglary, grand larceny and other charges in a split decision that condemned the conduct of the prosecutor, Livingston County District Attorney Gregory J. McCaffrey. Alan Fick, 41, was convicted ...

Tagged with: alan fick Fourth Department Gregory J. McCaffrey

Attorneys from the Fourth Department recognized for their pro bono work for tenants in Irondequoit Town Court was recognized by the New York State Bar Association’s 2018 President’s Pro Bono Service Award in the Government Office category. Front row, left ...

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A state appeals court has dismissed a weapon case because “the conviction is not supported by legally sufficient evidence.” Keion L. Peterson was convicted at a bench trial in October 2014 by then-Monroe County Court Judge James J. Piampiano, who ...

Tagged with: Fourth Department James J. Piampiano Keion L. Peterson

A man convicted of assault and robbery in 2007 will get a chance to argue that he is actually innocent, but didn’t get proper legal representation. Errol Pottinger, 30, was convicted of two counts of first-degree assault and first-degree robbery ...

Tagged with: Appellate Division of state Supreme Court errol pottinger Fourth Department

Mark W. Bennett has been named court clerk for Appellate Division of state Supreme Court, Fourth Department. “It is an honor to be appointed by the court to this position. It was somewhat unexpected because I’ve been in the legal research ...

Tagged with: Appellate Division of state Supreme Court Fourth Department mark w. bennett

The Fourth Department has reversed a weapon conviction because the judge refused to give the jury special instructions about “temporary innocent possession.” Clifford Graham, 33, was convicted in September 2015 of second-degree criminal possession of a weapon and endangering the ...

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The Appellate Division of state Supreme Court, Fourth Department, will conduct a full-day assigned counsel training seminar on March 31. To be eligible to receive assignments from the Fourth Department to represent indigent parties on appeals, attorneys must attend a training ...

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A New York appellate court has overturned a felony drug conviction because of an improper search. In March 2013, Kaazim F. Freeman pleaded guilty to third-degree criminal possession of a controlled substance in Monroe County Court. Judge Douglas A. Randall ...

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    The Appellate Division of state Supreme Court, Fourth Department, overturned an Erie County Court criminal conviction because of prosecutorial misconduct and ineffective defense counsel. Glasco P. Rozier, 27, was convicted in May 2014 of second-degree criminal possession of ...

Tagged with: Fourth Department prosecutorial misconduct

  The case against an Oneida County woman convicted of trying to kill her husband could hinge on how many holes are in the shirts she was wearing. Jenise Haddad-Smith, 54, of Frankfort, was convicted in January 2011 in Oneida ...

Tagged with: Fourth Department ineffective counsel