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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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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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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Appellate Division, Fourth Department Civil Commitment Burden of Proof State of New York v. High CA 09-01153 Background: A man was adjudicated a dangerous sex offender requiring civil commitment under the Mental Hygiene Law and committed to a secure treatment ...

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Appellate Division, Fourth Department Grand Larceny Uncharged Crimes People v. Bastian KA 08-01897 Appealed from Livingston county Court Background: The defendant was convicted after a jury trial of the felonies of grand larceny and scheme to defraud. On appeal, one ...

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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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Appellate Division, Fourth Department Order of Protection Waiver of Appeal People v. Tate KA 10-00473 Appealed from Erie County Court Background: The defendant pleaded guilty to criminal contempt first degree and received, in part, an order of protection. He also ...

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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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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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Appellate Division, Fourth Department Manslaughter Battered Woman Syndrome — Jury Instructions People v. Dale Bradley KA 07-02188 Appealed from Monroe County Court Background: The defendant appeals from a judgment convicting her upon a jury verdict of manslaughter in the first ...

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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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An Onondaga County assigned counsel program must pay an attorney who helped defend an accused murderer in a high-profile Syracuse case. The Appellate Division, Fourth Department, has decided Fifth Judicial District Administrative Judge James C. Tormey ...

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