Appellate Division, Fourth Department SORA Risk Level Downward Departure People v. Parker KA 09-00734 Appealed from Monroe County Court Background: The defendant was found to be Risk Level 3 under the Sex Offender Registration Act. He argued on appeal that ...

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Appellate Division, Fourth Department Sentencing Right to Trial People v. Brown    KA 09-02337 Appealed from Ontario County Background: The defendant rejected a plea offer of 2 ½ to 5 years and after trial received a sentence of 3 ½ ...

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Appellate Division, Fourth Department Identical Elements Lesser Included Offense People v. Lawrence KA 09-01206 Appealed from Supreme Court, Erie County Background: The defendant was convicted after jury trial of predatory sexual assault against a child. He argued that he was ...

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Appellate Division, Fourth Department Sentencing Court Discretion People v. McCrimager KA 09-01304 Appealed from Supreme Court, Erie County Background: The defendant on appeal challenged the sentence that was imposed upon his guilty plea to attempted drug possession. The issue was ...

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Appellate Division, Fourth Department Escape Parole Officer Arrest People v. Colon KA 09-01788 Appeal from Supreme Court, Erie County Background: The defendant was taken into custody while on parole by his parole officer. No warrant had been issued. Later that ...

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The Village of Brockport’s 2008 law permitting property searches to check for building code violations is constitutional. The Appellate Division, Fourth Department has ruled that a village law passed in 2008 ...

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Appellate Division, Fourth Department Right to Testify Attorney’s Advice People v. Cosby KA 06-03311 Appealed from Supreme Court, Onondaga County Background: The defendant was convicted of rape and menacing. He appealed from the conviction and from the denial of a ...

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Appellate Division, Fourth Department Motion to Vacate Conviction Hearing People v. Campbell KA 08-02049 Appealed from Steuben County Court Background: After conviction for murder, the defendant brought a motion to vacate the judgment based upon ineffective assistance of counsel. The ...

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Appellate Division, Fourth Department Zoning Special Permits — Sale of City Property Matter of Esposito v. City of Rochester 1599 Appealed from Supreme Court, Monroe County Background: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying ...

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The next class of candidates of Fourth Department attorneys and counselors at law includes 279 who will be sworn March 3. The Appellate Division, Fourth Department’s bar admission ceremony ...

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Appellate Division, Fourth Department Murder Double Jeopardy People v. Gause KA 08-01878 Appealed from Monroe County Court Background: The defendant had originally been charged with depraved-indifference murder and intentional murder, with the jury convicting on the depraved-indifference count but not ...

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Appellate Division, Fourth Department Escape Stipulated Facts People v. Swan KA 09-02349 Appealed from Cayuga County Court Background: The defendant had been pleaded guilty to escape in the second degree and had appealed the conviction. When the court of appeals ...

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