Please ensure Javascript is enabled for purposes of website accessibility
Home (page 190)

Tag Archives: Fourth Department

Appellate Jurisdiction: Matter of Nelson v. Stander

Decision of Interest Appellate Division, Fourth Department Appellate Jurisdiction Declaratory Judgments Matter of Nelson v. Stander 1391 Article 78 Proceeding; Supreme Court, Monroe County Background: Petitioners-plaintiffs commenced this original hybrid CPLR article 78 proceeding and declaratory judgment action seeking a ...

Read More »

Youthful Offender Status: People v. Brantley

Appellate Division, Fourth Department Youthful Offender Status Appellate Review People v. Brantley KA 10-00122 Appealed from Wayne County Court Background: The defendant was convicted of Attempted Burglary second degree and Escape second degree. The sentencing judge’s denial of Youthful Offender ...

Read More »

‘Sandoval’ Ruling: People v. Poole

Appellate Division, Fourth Department ‘Sandoval’ Ruling Agency Defense People v. Poole KA 09-02415 Appealed from Orleans County Court Background: The defendant was charged and convicted after trial of drug sale and drug possession. On appeal he raised the Sandoval ruling ...

Read More »

SORA: People v. Cullen

Appellate Division, Fourth Department SORA Modification Petition People v. Cullen KA 10-00180 Appealed from Cayuga County Court Background: The defendant was previously adjudicated a Level 3 risk. A modification petition may be brought once every two years under the Sex ...

Read More »

Sex Offender Registration Act: People v. Alvarado

Appellate Division, Fourth Department Sex Offender Registration Act Classification People v. Alvarado KA 09-00745 Appealed from Supreme Court, Monroe County Background: The defendant was adjudicated a Level 3 sexual predator in a SORA proceeding. On appeal he contested both the ...

Read More »

Automobile Stop: People v. Dempsey

Appellate Division, Fourth Department   Automobile Stop Search of Person People v. Dempsey KA 07-02343 Appealed from Monroe County Court Background: The defendant was stopped in an automobile and police searched him. After his conviction upon guilty plea to Criminal ...

Read More »

Sexual Offenses: People v. Jenkins

Appellate Division, Fourth Department   Sexual Offenses Dismissal of Count People v. Jenkins KA 09-01367 Appealed from Supreme Court, Erie County Background: The defendant was indicted for predatory sexual assault against a child, a class A-II felony, and rape first degree, ...

Read More »

Municipal Law: Niedermaier v. Town of Conesus

Appellate Division, Fourth Department   Municipal Law Town Highways Niedermaier v. Town of Conesus 1603 Article 78 Proceeding; Supreme Court, Livingston County Background: Petitioner commenced this CPLR article 78 proceeding seeking a determination that Kuder Hill Road in respondent Town ...

Read More »