Please ensure Javascript is enabled for purposes of website accessibility
Home (page 192)

Tag Archives: Fourth Department

Motor Vehicle Accident: Smolinski v Smolinski and Ford Motor Credit Co.

Appellate Division, Fourth Department Motor Vehicle Accident Attorney Misconduct Smolinski v Smolinski and Ford Motor Credit Co. CA 08-02659  Appealed from Supreme Court, Erie County Background: A man was rendered a quadriplegic as a result of a single-car accident. His ...

Read More »

DWI: People v East

Appellate Division, Fourth Department DWI Refusal to Take Chemical Test  People v East KA 08-01837 Appealed from Monroe County Court Background: A defendant was indicted for Driving While Intoxicated. The indictment was dismissed upon the defendant’s motion that the grand ...

Read More »

Child Custody: Factors

Appellate Division, Fourth Department Child Custody Factors  CAF 09-01809 Appealed from Oneida County Family Court Background: In a custody proceeding, the judge granted custody to the mother with visitation to the mother. On appeal, the mother contended that the judge ...

Read More »

Molineux Evidence: People v Stubbs

Appellate Division, Fourth Department Molineux Evidence ‘Modus Operandi’ People v Stubbs KA 07-00445 Appealed from Supreme Court, Monroe County Background: The defendant was convicted of robbery in the second degree, based in part on the prosecutor’s use of prior convictions. ...

Read More »

Civil Commitment: People ex rel MHLS obo Martinek

Appellate Division, Fourth Department Civil Commitment Post-Release Supervision People ex rel MHLS obo Martinek KAH 09-02055 Appealed from Supreme Court, Oneida County Background: A state inmate who was subjected to “civil commitment” as a sex offender brought a habeas corpus ...

Read More »

Murder: People v Nix

Appellate Division, Fourth Department Murder Abandonment of Issue People v Nix KA 03-01234 Appealed from Supreme Court, Monroe County  Background: The defendant was convicted of second-degree murder. One of the issues on his appeal concerned his motion to suppress statements. ...

Read More »

Interim Probation: People v Richardson

Appellate Division, Fourth Department Interim Probation Drug Program People v Richardson KA 09-01203 Appealed from Genesee County Court Background: After pleading guilty to attempted burglary in the second degree, the defendant received a “split sentence” of incarceration and probation. He ...

Read More »

SORA: People v Carlton

Appellate Division, Fourth Department SORA Downward Modification People v Carlton KA 09-01628 Appealed from Ontario County Court Background: The defendant, a convicted sex offender, had been employed as a bus driver of mentally disabled women and had sexual contact with ...

Read More »

Discovery: M&T Bank Corporation v. Gemstone CDO VII Ltd.

Appellate Division, Fourth Department Discovery M&T Bank Corporation v. Gemstone CDO VII Ltd. 1241 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action to recover damages for breach of contract arising from its purchase of certain mortgage-backed ...

Read More »

Discovery: M&T Bank Corporation v. Gemstone CDO VII Ltd.

Appellate Division, Fourth Department Discovery M&T Bank Corporation v. Gemstone CDO VII Ltd. 1241 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action to recover damages for breach of contract arising from its purchase of certain mortgage-backed ...

Read More »