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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Appellate Division, Fourth Department Attempted Murder Missing Witness Charge People v. Hawkins KA 07-02085 Appealed from Supreme Court, Monroe County Background: Defendant was convicted of Attempted Murder 2d degree and other felonies. On appeal the contended that the trial judge ...

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Appellate Division, Fourth Department Perjury Recusal of Judge People v. Bedell KA 08-00186 Appealed from Monroe County Court Background: Defendant was convicted after jury trial of perjury 2nd degree. The trial was conducted by the same judge who presided over ...

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Appellate Division, Fourth Department Speedy Trial Waiver by Guilty Plea People v. Paduano KA 09-01894 Appealed from Niagara County Court Background: Defendant pleaded guilty to Grand Larceny 3rd degree but on appeal contended that he was denied his statutory right ...

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Appellate Division, Fourth Department Robbery Duress Defense People v. Hammond KA 09-01309 Appealed from Supreme Court, Erie County Background: Defendant was convicted of two counts of robbery as well as possession of stolen property. He contended on appeal that he ...

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Appellate Division, Fourth Department Protective Orders Standard Riordan v. Cellino & Barnes, P.C., et al. CA 10-01314 Appealed from the Supreme Court, Erie County Background: The plaintiffs commenced a legal malpractice action alleging that the defendants’ had negligently represented the ...

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Appellate Division, Fourth Department Endangering the Welfare of a Child Geographic Jurisdiction People v. Bernardo KA 10-02313 Appealed from Supreme Court, Onondaga County Background: This prosecution appeal was taken from an order that dismissed the misdemeanor charge of Endangering the ...

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Appellate Division, Fourth Department Attempted Robbery 1st Youthful Offender Status People v. Davis KA 09-01861 Appealed from Genesee County Court Background: Defendant pleaded guilty to attempted first degree Robbery and was denied Youthful Offender status. On appeal he contended that ...

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Appellate Division, Fourth Department Consolidation of Indictment Inconsistent Defenses People v. Snyder KA 10-00012 Appealed from Seneca County Court Background: Three codefendants were tried jointly for Gang Assault 1st degree. One defendant on appeal argued that consolidating his indictment with ...

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Appellate Division, Fourth Department Manslaughter Plea Colloquy People v. Mox KA 09-01107 Appealed from Monroe County Court Background: Defendant pleaded guilty to Manslaughter 1st degree but on appeal challenged the factual validity of his plea recitation. His plea colloquy suggested ...

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