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Tag Archives: Fourth Department

Guilty Plea: People v. Hobby

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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Office Restitution: People v. Aquino

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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Office Photo Array: People v. Weston

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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Guilty Plea: People v. Maull

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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Resentencing: People v. Worth

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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Administrative Law: Ellicott Group LLC v. State of New York Exec. Dept. of General Services

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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Petition to Relocate: In the Mtr of Lauren Kelso Canady v. Binette

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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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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