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Tag Archives: Fourth Department

Consolidation of Indictment: People v. Snyder

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 in the first degree. One defendant on appeal argued that consolidating his indictment ...

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Insurance Law Supplemental: In the Matter of Erie Insurance Company

Appellate Division, Fourth Department Insurance Law Supplemental Motorist Coverage In the Matter of Erie Insurance Company CA 10-02496 Appealed from a judgment of the Supreme Court, Erie County Background: The respondent was injured when he was struck by an automobile operated ...

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Deceptive Business Practice: Enzinna et al. v. D’Youville College

Appellate Division, Fourth Department Deceptive Business Practice Statute of Limitations Enzinna et al. v. D’Youville College CA 10-02527 Appealed from Supreme Court, Erie County Background: The plaintiffs sued the defendant alleging false advertising that induced the plaintiffs to enroll in the ...

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Guilty Plea: People v. Newbould

Appellate Division, Fourth Department Guilty Plea Voluntariness People v. Newbould KA 10-01435 Appealed from Orleans County Court Background: The defendant pleaded guilty to third-degree grand larceny. He contended that the plea was involuntary because he was not informed that it ...

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Guilty Plea: People v. Hauke

Appellate Division, Fourth Department Guilty Plea Monosyllables People v. Hauke KA 10-00556 Appealed from Ontario County Court   Background: The defendant pleaded guilty to two counts of felony drug sales but contended that her monosyllabic responses to the judge’s questioning cast ...

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Sex Offender Registration Act: People v. Fredenhall

Appellate Division, Fourth Department Sex Offender Registration Act Drug or Alcohol Abuse People v. Fredenhall KA 10-01258 Appealed from Cayuga County Court Background: The defendant was adjudicated a Level 2 (moderate) risk after a SORA hearing. He contended that adding ...

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Wrongful Death: Hernandez, et al. v. Town of Hamburg, et al

Appellate Division, Fourth Department Wrongful Death Special Relationship — Proximate Cause Hernandez, et al. v. Town of Hamburg, et al. CA 10-01296 Appeal from the Supreme Court, Erie County Background: The plaintiff, as administratrix of the estate of her son’s ...

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