Appellate Division, Fourth Department Injunctions Likelihood of Success — Abuse of Discretion Sutherland Global Services Inc. v. Stuewe 682.1 Appealed from Supreme Court, Monroe County Background: The appeal is from an order of the supreme court that granted the plaintiff’s ...

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Appellate Division, Fourth Department Simultaneous Representation Hearsay People v. Solomon KA 09-01805 Appealed from Niagara County Court Background: In a rape prosecution, the defendant was represented by counsel who also represented a key prosecution witness. That fact was disclosed and ...

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Appellate Division, Fourth Department Weapons Possession Intent People v. Smith KA 09-00098 Appealed from Supreme Court, Erie County Background: Living in a duplex, a neighbor knocked on the defendant’s door in response to loud music. The defendant answered the door ...

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Appellate Division, Fourth Department Suppression of Evidence Guilty Plea People v. Ellis KA 08-01009 Appealed from Livingston County Court Background: The defendant pleaded guilty to first-degree course of sexual conduct against a child, but contended on appeal that his statements ...

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Appellate Division, Fourth Department Mental Illness Competency to Proceed People v. Schrock KA 07-02345 Appealed from Cattaraugus County Court Background: The defendant was convicted of first-degree attempted murder and other charges after trial. His appeal raised two challenges related to ...

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Appellate Division, Fourth Department Suppression Motion Forfeiture of Appeal People v. Dwyer KA 07-01399 Background: Before pleading guilty to drug possession, the defendant moved to suppress evidence seized from his person when police stopped his vehicle. On appeal he contended ...

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Appellate Division, Fourth Department Guilty Plea Withdrawal People v. Gleen KA 08-02403 Appealed from Erie County Court Background: The defendant pleaded guilty to attempted kidnapping in the second degree. She later moved to withdraw her plea, which was denied. Ruling: ...

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Appellate Division, Fourth Department Evidence Physician-Patient Privilege People v. Bryant KA 07-01140 Appealed from Supreme Court, Monroe County Background: During trial for burglary, robbery and other crimes, the prosecution introduced evidence that the defense argued was in violation of the ...

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Appellate Division, Fourth Department Verdict Sheet Harmless Error Analysis People v. Miller KA 07-01487 Appealed from Supreme Court, Monroe County Background: At the trial for second-degree murder and other charges, the defendant raised the defense of extreme emotional disturbance. The ...

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Appellate Division, Fourth Department Breach of Contract Tweedy v. Bonnie Castle Yacht Basin Inc. No. 566 Appealed from Supreme Court, Oswego County Background: The appeal is from a jury verdict in a breach of contract action. The judgment awarded the ...

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Appellate Division, Fourth Department Intoxication Sufficiency of the Evidence People v. Martinez KA 08-02021 Appealed from Erie County Court Background:  Defendant was convicted of second-degree attempted murder and first-degree assault. On appeal he argued the verdict was against the weight ...

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Appellate Division, Fourth Department Effective Assistance Entrapment People v. Vo KA 08-02136 Appealed from Niagara County Court Background: The defendant was convicted after trial of multiple counts of drug sale and possession. On appeal he contended his trial attorney was ...

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