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Tag Archives: Fourth Department

Guilty Plea: People v. Reinhardt

Appellate Division, Fourth Department Guilty Plea Monosyllables People v. Reinhardt KA 09-02119 Appealed from Oswego County Court Background: The defendant pleaded guilty to drug possession. On appeal he contended that he did not knowingly, intelligently and voluntarily waive his right ...

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Jury Instruction: People v. Rivera

Appellate Division, Fourth Department Jury Instruction Misstatement of Elements People v. Rivera KA 07-00779 Appealed from Monroe County Court Background: The defendant was convicted of felony murder after a jury trial. In instructing the jury, the trial judge misstated the ...

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Statutory Construction: People v. Reeb

Appellate Division, Fourth Department Statutory Construction Drug Law Reform Act People v. Reeb KA 10-01094 Appealed from Erie County Court Background: The defendant had been convicted of felonies in 1994 and 1995. He was convicted in 2004 of a drug ...

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Post-release Supervision: People v. Williams

Appellate Division, Fourth Department Post-release Supervision Constitutionality of Statute  People v. Williams KA 09-01489 Appealed from Erie County Court Background: The defendant was originally sentenced on class B felonies to a determinate sentence of 20 years, without any post-release supervision ...

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Body Parts: People v. Gayton

Appellate Division, Fourth Department Body Parts Legally Insufficient Evidence People v. Gayton KA 09-01818 Background: The defendant was one of several defendants charged with engaging in conduct that resulted in harvesting bone and tissue from cadavers. A licensed funeral director, ...

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SORA: People v. Hueber

Appellate Division, Fourth Department SORA Upward Departure People v. Hueber KA 09-01225 Appealed from Niagara County Court Background: The defendant challenged his adjudication as a high risk offender, Level 3, under the Sex Offender Registration Act. He scored 85, which ...

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SORA: People v. Grady

Appellate Division, Fourth Department SORA Upward Departure People v. Grady KA 09-01940 Appealed from Wayne County Court Background: The defendant was adjudicated a Level 3 risk offender based upon a finding of an upward departure. The fourth department found several ...

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