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Tag Archives: Fourth Department

Weapons Possession: People v. Smith

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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Mental Illness: People v. Schrock

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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Suppression motion: People v. Dwyer

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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Evidence: People v. Bryant

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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Verdict sheet: People v. Miller

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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