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

A state appellate court has dismissed a first-degree perjury conviction. Davonne Beckwith, 39, was convicted in June 2017 in state Supreme Court in Onondaga County of the perjury charge and resisting arrest. “We agree with defendant that the People failed ...

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A state appeals court has reduced the sentence of a man convicted of drug charges in Yates County. James Fenton, 59, was convicted in February 2018 of third-degree criminal sale of a controlled substance and third-degree criminal possession of a ...

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A state appeals court has ordered a case of menacing police and criminal mischief back to Monroe County Court for a hearing on alleged jury misconduct. In May 2015, a Monroe County Court jury convicted Ryan J. Newman of two ...

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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 ...

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