The Appellate Division, Fourth Department, was recognized Monday at a Law Day luncheon hosted in Albany by the New York State Bar Association. Presiding Justice Henry J. Scudder accepted the 2011 President’s Pro Bono Service Award from President Stephen P. Younger ...

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Appellate Division, Fourth Department Guilty Plea Threatened Federal Prosecution People v. Hobby KA 08-00656 Appealed from Supreme Court, Monroe County Background: The defendant pleaded guilty to a felony weapons possession but contended on appeal that his guilty plea was coerced ...

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Appellate Division, Fourth Department Office Restitution Appealability People v. Aquino KA 10-00325 Appealed from Genesee County Court Background: The defendant appealed from an order directing restitution, which was ordered after a hearing conducted by the judge’s court attorney, rather than ...

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Appellate Division, Fourth Department Office Photo Array Suggestiveness People v. Weston KA 08-00830 Appealed from Supreme Court, Onondaga County Background: The defendant was convicted upon guilty plea of robbery and weapons possession. On appeal he argued that the identification procedure ...

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Appellate Division, Fourth Department Guilty Plea Voluntariness People v. Maull KA 10-00518 Appealed from Cattaraugus County Court Background: The defendant pleaded guilty to third-degree sale of a controlled substance. He contended on appeal that his plea was not knowingly, voluntarily ...

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Appellate Division, Fourth Department Resentencing DLRA-2 People v. Worth KA 06-00414 Appealed from Supreme Court, Monroe County Background: The defendant applied for resentencing under the 2005 Drug Law Reform Act but was denied, without a hearing. Ruling: Order affirmed. A ...

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Appellate Division, Fourth Department Administrative Law Separation of Powers Ellicott Group LLC v. State of New York Exec. Dept. of General Services 10-02269 Judges Scudder, Centra, Carni, Sconiers and Green Background: The defendant appeals from a judgment that granted the ...

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Appellate Division, Fourth Department Petition to Relocate Financial Circumstances In the Mtr of Lauren Kelso Canady v. Binette CAF 09-00644 Judges Centra, Fahey, Lindley, Gorski and Martoche Background: The respondent-father appeals from an order that granted the petitioner-mother permission for ...

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Appellate Division, Fourth Department Personal Injury Vicious Propensities Barone et al. v. Phillips et al. CA 10-02362  Judges Smith, Centra, Peradotto, Gorski and Martoche Background: On appeal from an order in a personal injury action denying the defendants’ motion for ...

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The Appellate Division, Fourth Department, has a new website: www.nycourts.gov/ad4. Significant changes include its appearance and content, made in response to the court’s desire to be more “user friendly.”

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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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