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Tag Archives: Fourth Department

Fourth Department — Inmate Grievance: Melendez v. Berbary

Appellate Division, Fourth Department Inmate Grievance Employee Assistance — Prejudice Melendez v. Berbary CA 10-00954 Appealed from Supreme Court, Erie County Background: The petitioner commenced an Article 78 proceeding seeking to annul the determination that he had violated an inmate ...

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Fourth Department — Resentencing: People v. Vanvalkinburgh

Appellate Division, Fourth Department Resentencing Legal Sentence People v. Vanvalkinburgh KA 11-01406 Appealed from Supreme Court, Erie County Background: Convicted of three counts of third-degree rape, the defendant on appeal challenged the severity of the resentence. The prosecution argued that ...

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Fourth Department — Murder: People v. Barboni

Appellate Division, Fourth Department Murder Depraved Indifference People v. Barboni KA 09-02360 Appealed from Oswego County Court Background: The defendant was convicted of depraved indifference murder and manslaughter. After picking up the child, 15 months old, he later called the ...

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Fourth Department — Informants: People v. McCoy

Appellate Division, Fourth Department Informants ‘Cardona’ Hearing People v. McCoy KA 09-00151 Appealed from Supreme Court, Erie County Background: The defendant was convicted of murdering two bystanders during a gang-related shooting spree. On appeal he challenged whether there was corroboration ...

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Fourth Department — Sentencing: People v. Perry

Appellate Division, Fourth Department Sentencing Consecutive Sentences People v. Perry KA 10-00053 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of two class A misdemeanors that were lesser included offenses of the indictment, second-degree petit larceny and ...

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Fourth Department — Enhanced Sentence: People v. Moffett

Appellate Division, Fourth Department Enhanced Sentence ‘Outley’ Hearing People v. Moffett KA 10-01255 Appealed from Genesee County Court Background: The defendant pleaded guilty to drug possession and on appeal challenged the sentence that was imposed, which was higher than what ...

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Fourth Department — Labor Law: Letts v. Globe Metallurgical Inc.

Appellate Division, Fourth Department Labor Law Industrial Codes Letts v. Globe Metallurgical Inc. CA 11-00979 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action after a 2,400-pound steel plate he had welded into place fell on him. ...

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