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Tag Archives: Fourth Department

Depraved Indifference Murder: People v. Little

Appellate Division, Fourth Department Depraved Indifference Murder Trial Order of Dismissal People v. Little KA 03-02239 Appealed from Monroe County Court Background: The defendant was convicted of second-degree murder on a depraved indifference theory. The defendant’s conduct was the firing ...

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Negligence: Webb v. Salvation Army

Appellate Division, Fourth Department Negligence Actual or Constructive Notice Webb v. Salvation Army CA 10-02067 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action seeking damages for injuries she sustained when she fell in the defendant’s parking ...

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Molineux Evidence: People v. Presha

Appellate Division, Fourth Department Molineux Evidence  Limiting Instructions People v. Presha KA 07-01266 Appealed from Monroe County Court Background: A defendant was convicted of two counts of sodomy. The child testified at age 12 regarding a time period that had ...

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Showup Procedure: People v. Santiago

Appellate Division, Fourth Department Showup Procedure Suggestiveness People v. Santiago KA-09-01012 Appealed from Monroe County Court Background: The defendant challenged his convictions for burglary and possession of burglar’s tools based upon an identification procedure. In the trial court, he had ...

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Superior Court Information: People v. Starkweather

Appellate Division, Fourth Department Superior Court Information Sufficiency People v. Starkweather KA 10-00552 Appealed from Niagara County Court Background: The defendant pleaded guilty to driminal contempt second degree but on appeal contended that the accusatory instrument, a superior court information ...

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Effective Assistance of Counsel: People v. Russell

Appellate Division, Fourth Department Effective Assistance of Counsel Personality Dispute People v. Russell KA 07-01053 Appealed from Onondaga County Court Background: The defendant was convicted after a bench trial of drug sale and drug possession. Among the several issues he ...

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Liquor Law: Matter of Comedy Playhouse LLC v. New York State Liquor Authority

Appellate Division, Fourth Department Liquor Law Mayors — Police Supervision Matter of Comedy Playhouse LLC v. New York State Liquor Authority TP 10-02213 Article 78 Proceeding; Supreme Court, Jefferson County Background: The petitioner is owned and operated by Michael Kinnie, ...

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