In a split decision, a state appeals court has reinstated the verdict in a civil confinement case after the trial judge set aside the jury’s decision to release the defendant. In June 2018, state Supreme Court Justice Mark H. Fandrich, ...

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A state appeals court has denied an appeal from a defendant who complained that he should not have been allowed to represent himself in the preliminary stages of a case where he was ultimately convicted of drug charges. Fuzell Rogers ...

Tagged with: Fourth Department Fuzell Rogers III

A state appeals court has reserved decision in a case in which the defendant claims he wasn’t properly informed that a guilty plea could lead to deportation. In March 2017, defendant Mohamed Jumale pleaded guilty to attempted second-degree burglary before ...

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In a split decision, a state appeals court has reversed a weapons conviction because police did not have a legal basis for the arrest. Bernard Dortch, 40, was convicted in a bench trial in Monroe County in April 2018 of ...

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A state appellate court has reversed a weapon conviction because the verdict was against the weight of the evidence. Gerald Hunt was convicted in Erie County Court in April 2018 of second-degree criminal possession of a weapon. He was sentenced ...

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In a split decision, a state appellate court has upheld an attempted murder conviction, rejecting a claim that the prosecution improperly excused a Black prospective juror. Defendant Nyjee Boyd, 26, was convicted on July 7, 2015, of attempted second-degree murder, ...

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In a split decision, a state appeals court has sent a strangulation case back to the lower court to resolve a defendant’s request to withdraw his guilty plea. In April 2017, defendant Gregory Ramos, 28, pleaded guilty to second-degree strangulation. ...

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A state appeals court has overturned a guilty plea and suppressed the evidence in a burglary case because of an improper search and seizure by police. David M. Holz, 37, pleaded guilty in November 2015 to second-degree burglary and was ...

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  In a split decision, a state appeals court has granted a new trial in a murder case because of ineffective assistance of counsel. Defendant Gregory Borcyk, 47, was convicted in 2005 of second-degree murder, for the 2002 death of ...

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A state appellate court has overturned a weapon in Syracuse conviction because of an improper search by police. In November 2017, defendant Jerrell Allen, 31, pleaded guilty to second-degree criminal possession of a weapon, second-degree obstructing governmental administration, second-degree reckless ...

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A state appellate court has reversed a lower court ruling in a gun case, vacated the guilty plea, and dismissed the indictment. Defendant Patrick C. Johnson pleaded guilty on July 9, 2018, to third-degree criminal possession of a controlled substance ...

Tagged with: Appellate Division of state Supreme Court Fourth Department Patrick C. Johnson

The Appellate Division of state Supreme Court, in a split decision, reversed a lower court, and reinstated assault charges that had been reduced by a judge in Livingston County. The prosecutor appealed the judge’s decision and the Fourth Department agreed ...

Tagged with: Fourth Department Sadie Harwood