Appellate Division, Fourth Department Molineux Evidence Criminal Contempt People v. Curry KA 09-00286 Background: The defendant was convicted of aggravated criminal contempt and aggravated harassment based upon a series of threatening letters to his former girlfriend and her mother, and ...

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Appellate Division, Fourth Department Incarceration Involuntary Custody Robinson v. Fischer TP 10-02012 Transferred from Supreme Court, Seneca County Background: The petitioner, a state prison inmate, wrote a letter criticizing the Muslim religion. He showed the letter to other inmates and ...

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Appellate Division, Fourth Department Evidence Uncharged Crimes People v. Rivera KA 07-01060 Appealed from Monroe County Court Background: The defendant was convicted after jury trial of several felony sex offenses. On appeal she contended that the judge erred in admitting ...

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Appellate Division, Fourth Department Suppression Payton Violation People v. Johnson KA 08-00223 Appealed from Monroe County Court Background: The defendant contended on appeal from his robbery conviction that his statements to the police should have been suppressed. The basis for ...

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Appellate Division, Fourth Department Contempt Sufficiency of Information  People v. Ferenchak KA 09-00595 Appealed from Onondaga County Court Background: The defendant was convicted of criminal contempt for violation of an order of protection. He challenged the misdemeanor information as being ...

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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 criminal contempt in the second degree but on appeal contended that the accusatory instrument, a ...

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Appellate Division, Fourth Department   Response to Jury Note Suppression of Physical Evidence People v. Rivera KA 09-02420 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of murder in the second degree at a jury trial. On ...

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Appellate Division, Fourth Department   Sex Offender Registration Act Court Martial  People v. Fleming KA 08-02185 Appealed from Cayuga County Court Background: The defendant challenged his Level 1 SORA adjudication on the basis that he should not have been required ...

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Appellate Division, Fourth Department   Subpoena Prosecutorial Misconduct People v. Wildrick KA 10-02011 Appealed from Ontario County Court Background: Three issues were discussed in an appeal from a sex offense prosecution in which a judge dissented in part. The first ...

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Appellate Division, Fourth Department   Assigned Counsel Eligibility List Smith v. Tormey OP 10-02073 Proceeding initiated in the Appellate Division Background: The issue in this article 78 proceeding was whether an attorney who was not on the assigned counsel panel ...

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Appellate Division, Fourth Department   Labor Law Scaffold Law — Negligence Ozimek v. Holiday Valley Inc. CA 10–02134 Appealed from Supreme Court, Chautauqua County Background: The appeals that are decided here are from an order that granted in part the ...

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Appellate Division, Fourth Department   ‘Miranda’ Warnings Break In Interrogation People v. Dunn KA 08–00139 Appealed from Supreme Court, Monroe County Background: On appeal from a judgment convicting him upon his plea of guilty of robbery in the second degree, ...

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