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Tag Archives: Fourth Department

Attorney’s sanctions upheld

Sanctions against a Buffalo attorney, ordered to pay the cost of medical experts in a personal-injury trial, will stand. The Appellate Division, Fourth Department, unanimously agreed with Monroe County Supreme Court Justice William P. Polito Jr. that Michael T. Hagelin of Hagelin Kent LLC ...

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Refusal to Take Breath Test: People v. Hall

Appellate Division, Fourth Department Refusal to Take Breath Test Sufficiency of Grand Jury Evidence People v. Hall KA 08-01839 Appealed from Monroe County Court Background: The defendant was charged with DWI. At grand jury, the prosecution did not properly present ...

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Probable Cause to Arrest: People v. Ayers

Appellate Division, Fourth Department Probable Cause to Arrest Attenuation People v. Ayers KA 09-00087 Appealed from Monroe County Court Background: The defendant pleaded guilty to criminal possession of a weapon second degree. The issue of the circumstances of his arrest ...

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Summation: People v. Thomas

Appellate Division, Fourth Department Summation Missing Witness People v. Thomas KA 08-00320 Appealed from Monroe County Court Background: A defendant who is not entitled to a missing witness instruction may still comment to the jury regarding the prosecution’s failure to ...

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Assault 2nd Degree: People v. Douglas

Appellate Division, Fourth Department Assault 2nd Degree Proof of Physical Injury People v. Douglas KA 07-02340 Appealed from Cayuga County Court Background: The defendant, a state inmate, was convicted of three counts of second-degree assault in connection with being restrained ...

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Presentence Investigation Report: People v. Rudduck

Appellate Division, Fourth Department Presentence Investigation Report Inclusion of Non-convictions People v. Rudduck KA 10-00470 Appealed from Ontario County Court Background: The defendant pleaded guilty to two sex felonies. On appeal the only issue he raised was what was contained in ...

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Youthful Offender Status: People v. Crawford

Appellate Division, Fourth Department Youthful Offender Status Preservation People v. Crawford KA 08-01330 Appealed from Monroe County Court Background: The defendant pleaded guilty to felony drug sale. On appeal he argued that he should have been adjudicated a youthful offender.  Ruling: ...

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Removal of Seated Juror: People v. McClary

Appellate Division, Fourth Department Removal of Seated Juror Juror’s State of Mind People v. McClary KA 10-00700 Appealed from Jefferson County Court Background: The defendant was convicted after a jury trial of drug possession and drug sale. During trial, a ...

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Termination of Parental Rights: In the Matter of Shawn

Appellate Division, Fourth Department Termination of Parental Rights Default In the Matter of Shawn CAF 10-00959 Appealed from Family Court, Erie County Background: The respondent mother had appealed from an order that terminated her parental rights and freed her children ...

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