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Tag Archives: Fourth Department

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 ...

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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 ...

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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 ...

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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 ...

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Assault Second Degree: People v. Extale

Appellate Division, Fourth Department   Assault Second Degree Prosecutorial Discretion People v. Extale KA 08-00786 Appealed from Monroe County Court Background: The defendant was indicted for assault in the second degree (a class D violent felony offense) and vehicular assault ...

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Sentence: People v. Owens

Appellate Division, Fourth Department   Sentence Life Without Parole People v. Owens KA 07-00578 Appealed from Monroe County Court Background: The defendant was convicted of first-degree murder and received a sentence of life without parole. On appeal he challenged the sufficiency ...

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Accounting Malpractice: Chaikovska v. Ernst & Young LLP

Appellate Division, Fourth Department   Accounting Malpractice Management Knowledge of Fraud Chaikovska v. Ernst & Young LLP 1233 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced this action to recover damages for accounting malpractice, alleging that defendant failed ...

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Suppression of Statement: People v. Williams

Appellate Division, Fourth Department Suppression of Statement Arrest Without Warrant People v. Williams KA 09-01577 Appealed from Erie County Court Background: The defendant was convicted after trial of burglary in the second degree and other charges. His motion to suppress ...

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Murder: People v. Henderson

Appellate Division, Fourth Department Murder Mental States People v. Henderson KA 07-00132 Appealed from Onondaga County Court Background: The defendant was convicted of second-degree murder and attempted murder, as well as other charges, in connection with driving a vehicle into ...

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Uncharged Crimes: People v. Singleton

Appellate Division, Fourth Department Evidence Uncharged Crimes People v. Singleton KA 08-02018 Appealed from Ontario County Court Background: The defendant was convicted of committing an assault while in custody at a correctional facility, Penal Law § 120.05(7). On appeal he contended ...

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