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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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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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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Appellate Division, Fourth Department Jury Notes Preservation of Error People v. Jones KA 09-01202 Appealed from Supreme Court, Erie County Background: The defendant was convicted of burglary and robbery at jury trial. On appeal, he contended that the judge failed ...

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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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Appellate Division, Fourth Department Suppression of Evidence Request for Information People v. Rodriguez KA 10-01100 Appealed from Erie County Court Background: The defendant was charged with weapons possession in connection with a disturbance outside a bar. His statement to another ...

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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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A total of 278 recent law school graduates joined the New York State Bar on Thursday after being sworn in during ceremonies hosted by the Appellate Division, Fourth Department, at the Hyatt Regency Rochester.

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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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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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Appellate Division, Fourth Department SORA Appellate Review People v. Long KA 10-01144 Appealed from Supreme Court, Erie County Background: The defendant challenged his Level 2 risk adjudication under the Sex Offender Registration Act, based upon the use of a previous ...

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Appellate Division, Fourth Department Order of Protection Family Members People v. Wright KA 09-02058 Appealed from Genesee County Court Background: As part of the defendant’s sentence for rape first degree, the defendant contended that the order of protection was improper. ...

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