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Tag Archives: Fourth Department

Evidence: People v. Rivera

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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Suppression: People v. Johnson

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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Contempt: People v. Ferenchak

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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Superior Court Information: People v. Starkweather

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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Response to Jury Note: People v. Rivera

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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Assigned Counsel: Smith v. Tormey

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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‘Miranda’ Warnings: People v. Dunn

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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Corporations: Boy Scouts of America v. Cayuga County Council No. 366

Appellate Division, Fourth Department   Corporations Disposal of Assets — Notice to Attorney General Boy Scouts of America v. Cayuga County Council No. 366 CA 10–00102 Appealed from Supreme Court, Cayuga County Background: The defendants appealed and the plaintiff cross-appealed ...

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Sentencing: People v. Howard

Appellate Division, Fourth Department Sentencing Conviction after Trial People v. Howard KA 08-01807 Appealed from Oneida County Court Background: The defendant was convicted after trial of felony assault and resisting arrest. On appeal he contended that the sentence was greater ...

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