Appellate Division, Fourth Department Ineffective Assistance of Counsel Lesser Included Offense People v. Kurkowski KA 10-01579 Appealed from Erie County Court Background: The defendant was charged with assault in the first degree. He was convicted at a bench trial of ...

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Appellate Division, Fourth Department Indictment Date People v. Nappi KA 10-00826 Appealed from Herkimer County Court Background: After a jury trial convicting the defendant of criminal possession of a weapon, he contended that the date stated in the indictment varied ...

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Appellate Division, Fourth Department Guilty Plea Postrelease Supervision People v. Hernandez KA 07-00531 Appealed from Monroe County Background: When the defendant pleaded guilty to attempted robbery in the second degree, the judge only informed him that he would receive the ...

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Appellate Division, Fourth Department Ineffective Assistance of Counsel Severance People v. Kilbury KA 07-01561 Appealed from Onondaga County Court Background: The defendant was convicted of several counts of sexual assault after a jury trial. On appeal he argued that his ...

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Appellate Division, Fourth Department Speedy Trial Preservation People v. Faro KA 09-00278 Appealed from Monroe County Court Background: The defendant pleaded guilty to possessing a forged instrument. On appeal he contended that he was denied his statutory and constitutional right ...

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Appellate Division, Fourth Department Assumption of Risk Level of Experience Renee v. North Collins Central School Dist. CA 10-2520 Appeal from the Supreme Court, Erie County Background: The plaintiff commenced this action after her daughter suffered injury when she slid ...

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Appellate Division, Fourth Department Anticipatory Repudiation Howard v. Bioworks Inc. CA 10-02497 Appeal from the Supreme Court, Ontario County   Background: The plaintiff commenced a breach of contract action against the defendant alleging that the defendant failed to pay him deferred ...

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Appellate Division, Fourth Department Municipal Home Rule Notice Horan v. Town of Tonawanda CA 10-02522 Appeal from the Supreme Court, Erie County Background: The plaintiff brought the action seeking damages for injuries she had sustained when she tripped over a ...

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Appellate Division, Fourth Department Sex Offender Registration Act Upward Departure People v. Tooley KA 10-00357 Background: Defendant was adjudicated a Level 3 offender (high risk) under the Sex Offender Registration Act. On appeal he argued that an “upward departure” to ...

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Appellate Division, Fourth Department Exotic Dancer Evidence Prior Bad Act Evidence People v. Agostini KA 11-00007 Appealed from Onondaga County Court Background: Defendant was convicted after jury trial of Manslaughter 1st degree and Criminal Possession of a Weapon 3rd. In ...

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Appellate Division, Fourth Department Open Meetings Law Zoning Thomas v. Town of Chautauqua, et al. CA 10-02314 Appealed from Supreme Court, Chautauqua County Background: The petitioners commenced an article 78 and declaratory action proceeding to annul the determination that approved ...

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Appellate Division, Fourth Department Mode of Proceedings Error Jury Note People v. Kalinowski KA 09-01627 Appealed from Erie County Court Background: Defendant was convicted of Murder 2nd degree. During deliberations, the jury asked for information about the path of the ...

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