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Tag Archives: Fourth Department

Criminal Mischief: People v. Daniels

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, ...

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Post-Release Supervision: Carpenter v. Corcoran

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 ...

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Arbitration: Matter of Arbitration between Buffalo Council of Supervisors and Administrators and Board of Education

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 ...

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Aggravated Vehicular Assault: People v. Joseph

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 ...

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Reconstruction Hearing: People v. Butler

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 ...

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Megan’s Law: People v. Smith

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 ...

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Probable Cause: People v. Herndon

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 ...

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Resentencing: People v. Viehdeffer

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, ...

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Attorney’s fees: Kimmel v. State

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 ...

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Exculpatory Evidence: People v. Green

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 ...

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