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Tag Archives: Fourth Department

Grave Robbing: People v. Batjer

Appellate Division, Fourth Department Grave Robbing Good Faith Exception People v. Batjer 920 Appealed from County Court, Monroe County Background: The defendant appeals from a County Court judgment convicting defendant, upon a nonjury verdict, of Public Health Law offenses including ...

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‘Miranda’ Warnings: People v. Andrus

Appellate Division, Fourth Department ‘Miranda’ rights Coercion and deception People v. Andrus KA 09-01246 Appealed from Steuben County Court Background: The defendant was convicted of attempted course of sexual conduct against a child in the first degree, and appealed on ...

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‘Miranda’ Warnings: People v. Mendez

Appellate Division, Fourth Department ‘Miranda’ warnings Break in Interrogation  People v. Mendez KA 07-00416 Appealed from Monroe County Court Background: The defendant was convicted after jury trial of burglary in the first degree and other felonies. On appeal he challenged ...

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Appellate Division, Fourth Department: Voluntary resignations and decisions in disciplinary matters

Matter of Mark H. Aultman, an attorney, resignor. — Voluntary resignation accepted and name removed from roll of attorneys. Present: Smith, J.P., Centra, Fahey, Sconiers and Gorski, J.J. (Filed Sept. 9.) Matter of Kenneth P. Bernas, an attorney, respondent. Grievance ...

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Negligence: Spinosa v. Beck

Appellate Division, Fourth Department Negligence Animals Spinosa v. Beck 1113 Appealed from Supreme Court, Cayuga County   Background: The order in a personal injury action granted the defendants’ motion for summary judgment, dismissing the complaint. The plaintiff’s action sought damages ...

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Adverse Possession: Loveless Family Trust v. Koenig

Appellate Division, Fourth Department Adverse Possession Tenants in Common Loveless Family Trust v. Koenig 1135 Appealed from Supreme Court, Wayne County Background: The appeal is from an order granting the plaintiffs’ motion to dismiss certain affirmative defenses. The plaintiffs sought ...

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Prior Convictions: People v. Lyon

Appellate Division, Fourth Department Prior Convictions ‘Sandoval’ Ruling People v. Lyon KA 08-01365 Appealed from Ontario County Court Background: The defendant was convicted after trial of robbery, obstructing governmental administration and harassment. He argued on appeal that the prosecutor exceeded ...

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Assault: People v. Henderson

Appellate Division, Fourth Department Assault Substitution of counsel People v, Henderson KA 07-01866 Appealed from Monroe County Court Background: The defendant was convicted after trial of burglary and two counts of second-degree assault. On appeal he assigned as error the ...

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