Appellate Division, Fourth Department Criminal Mischief Damages People v. Daniels KA 09-01492 Appealed from Seneca County Court Background: The defendant was convicted after a bench trial of fourth-degree criminal mischief and two other misdemeanors. On appeal he raised various issues, ...

Tagged with: Appellate Division damages Fourth Department

Appellate Division, Fourth Department Attempted Murder Intent People v. Simcoe KA 09-00902 Appealed from Niagara County Court Background: The defendant was convicted at a bench trial two counts of attempted murder in the first degree (police officer) and second degree ...

Tagged with: Appellate Division attempted murder Fourth Department

Appellate Division, Fourth Department Post-Release Supervision Sentence Calculations Carpenter v. Corcoran CA 09-02229 Appealed from Supreme Court, Cayuga County Background: An inmate brought a CPLR Article 78 proceeding to challenge how his three sentences should be calculated. Of the three ...

Tagged with: Appellate Division Fourth Department post-release supervision

Appellate Division, Fourth Department Injunctions White v. F.F. Thompson Health System Inc. 682 Appealed from Supreme Court, Ontario County Background: Catherine B. White is a resident of Ferris Hills at West Lake, an independent senior living facility owned and operated ...

Tagged with: Appellate Division Fourth Department injunctions

Appellate Division, Fourth Department Arbitration Matter of Arbitration between Buffalo Council of Supervisors and Administrators and Board of Education 587 Article 75 Proceeding; Supreme Court, Erie County Background: The appeal is from an order that denied the petition to confirm ...

Tagged with: Appellate Division Arbitration Fourth Department

Appellate Division, Fourth Department Aggravated Vehicular Assault Sufficiency of Evidence People v. Joseph KA 09-01075 Appealed from Supreme Court, Monroe County Background: An off-duty police officer from Greece, N.Y., was convicted on several different charges following a bench trial, including ...

Tagged with: Appellate Division Fourth Department sufficiency of evidence

Appellate Division, Fourth Department Reconstruction Hearing Sworn Jurors People v. Butler KA 06-00233 Appealed from Orleans County Court Background: After being convicted of a drug felony, the defendant challenged whether the trial jurors were sworn in properly. The Appellate Division ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Megan’s Law Acceptance of Responsibility People v. Smith KA 08-00396 Appealed from Livingston County Court Background: The defendant was adjudicated a moderate risk (Level 2) under SORA. On appeal, he challenged the assessment of 10 points ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Probable Cause Automobile Exception People v. Herndon KA 08–00646 Appealed from Onondaga County Court Background: Convicted of drug possession, the defendant appealed, challenging the propriety of the stop that resulted in drugs being found. Ruling: The ...

Tagged with: Appellate Division Fourth Department probable cause

Appellate Division, Fourth Department Resentencing Double Jeopardy People v. Viehdeffer KA 09-00934 Appealed from Genesee County Court Background: Convicted of second-degree burglary, the defendant’s original sentence did not include the required component of post-release supervision. After completing his prison sentence, ...

Tagged with: Appellate Division double jeopardy Fourth Department resentencing

Appellate Division, Fourth Department Attorney’s fees Equal Access to Justice Act Kimmel v. State CA 09-01445 Appealed from Supreme Court, Monroe County Background: A prevailing plaintiff in a long-running sex discrimination suit against the New York State Police sought attorney ...

Tagged with: Appellate Division Fourth Department

Appellate Division, Fourth Department Exculpatory Evidence Self-incrimination Warning People v. Green KA 08-02361 Appealed from Ontario County Court Background: Convicted after jury trial of second-degree murder, the defendant raised several trial issues on appeal. The defendant had made a statement ...

Tagged with: Appellate Division Fourth Department