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Tag Archives: Fourth Department

Fourth Department — Violation of Probation: People v. Webster

Appellate Division, Fourth Department Violation of Probation Resentencing People v. Webster KA 10-02295 Appealed from Cattaraugus County Court Background: While serving a sentence of probation for a previously committed felony, the defendant pleaded guilty to second-degree attempted forgery. Her guilty ...

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Fourth Department — Driving While Intoxicated: People v. Davis

Appellate Division, Fourth Department Driving While Intoxicated Sufficiency of Evidence People v. Davis KA 10-00813 Appealed from Oswego County Court Background: The defendant was convicted upon a jury trial of driving while intoxicated and first-degree aggravated unlicensed operation of a ...

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Fourth Department — Legal Malpractice: R. Brooks Associates Inc. v. Harter, Secrest, & Emery LLP

Appellate Division, Fourth Department Legal Malpractice Statute of Limitations — Continuous Representation R. Brooks Associates Inc. v. Harter, Secrest, & Emery LLP CA 11-01472 Appealed from Supreme Court, Wayne County Background: The defendant appealed from an order that denied its ...

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Fourth Department — ‘Frye’ Test: Muhammad v. Fitzpatrick

Appellate Division, Fourth Department ‘Frye’ Test Novel Theory Muhammad v. Fitzpatrick CA 11-01764 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice action seeking damages for injuries sustained by her infant daughter while the plaintiff was ...

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Fourth Department — FOIL Request: Mack v. Howard, Sheriff of Erie County, et al.

Appellate Division, Fourth Department FOIL Request Videotape — Inmate-Officer Altercation Mack v. Howard, Sheriff of Erie County, et al. CA 11-00779 Appealed from Supreme Court, Erie County Background: The petitioner, an inmate at a correctional facility, commenced an Article 78 ...

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Fourth Department — Empire Zones: Matter of J-P Group LLC v. NYS Dept. of Economic Development

Appellate Division, Fourth Department Empire Zones Decertification Matter of J-P Group LLC v. NYS Dept. of Economic Development CA 11-01242 Appealed from Supreme Court, Erie County Background: The respondent had revoked the petitioner’s certification as a qualified Empire Zone enterprise ...

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Fourth Department — Withdrawing a Plea: People v. Havers

Appellate Division, Fourth Department Withdrawing a Plea Preservation of Issue People v. Havers KA 10-01011 Appealed from Cattaraugus County Court Background: The defendant pleaded guilty to first-degree attempted sexual abuse. On appeal he contended that his plea was not voluntarily, ...

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Fourth Department — Substitution of Counsel: People v. Munzert

Appellate Division, Fourth Department Substitution of Counsel Abandonment of Motion People v. Munzert KA 10-02503 Appealed from Orleans County Court Background: While his case was pending, the defendant wrote to the county court judge three times, requesting new counsel. He ...

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Fourth Department — Leandra’s Law: People v. Engelsen

Appellate Division, Fourth Department Leandra’s Law EWOC People v. Engelsen KA 11-01548 Appealed from Supreme Court, Erie County Background: The defendant was indicted on several counts relating to operating an automobile while intoxicated, with children as passengers. The indictment included ...

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Fourth Department — Dangerous Roadway Condition: Grevelding Jr. v. State of New York

Appellate Division, Fourth Department Dangerous Roadway Condition Knowledge of Condition Grevelding Jr. v. State of New York CA 11-01698 Appealed from Court of Claims Background: The claimant commenced a wrongful death action after the decedent’s vehicle slid across the roadway while ...

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