Please ensure Javascript is enabled for purposes of website accessibility
Home (page 204)

Tag Archives: Fourth Department

Sentencing: People v. Bernell

Appellate Division, Fourth Department Sentencing Concurrent Sentencing People v. Bernell KA 09-00585 Appealed from Jefferson County Court Background: A defendant who was convicted of promoting prison contraband in the second degree and contended on appeal that the judge improperly imposed ...

Read More »

Burglary: People v. Nix

Appellate Division, Fourth Department Burglary Predicate Felony Sentencing People v. Nix KA 09-00138 Appealed from Supreme Court, Erie County Background: The defendant was convicted after a bench trial of second-degree burglary and was sentenced as a second felony offender. On ...

Read More »

Burglary: People v. Elder

Appellate Division, Fourth Department Burglary Consecutive Sentencing People v. Elder KA 09-00602 Appealed from Niagara County Court Background: After pleading guilty to second-degree burglary, the defendant was sentenced to consecutive terms. On appeal he argued the judge should have conducted ...

Read More »

SORA: People v. Kindred

Appellate Division, Fourth Department SORA Relief from Registration People v. Kindred KA 09-01830 Appealed from Supreme Court, Erie County Background: The defendant was adjudicated a Level 1 risk under SORA but petitioned to be relieved of any future registration requirements. ...

Read More »

SORA: People v. Flax

Appellate Division, Fourth Department SORA Meaningful Appellate Review People v. Flax KA 09-00600 Appealed from Supreme Court, Erie County Background: The defendant was adjudicated a level 3 — medium — SORA risk and appealed that classification. The Board of Sex ...

Read More »

Juvenile Delinquency: Matter of Christopher T.

Appellate Division, Fourth Department Juvenile Delinquency Criminal Responsibility Matter of Christopher T. CAF 08-08-01791 Appealed from Monroe County Family Court Background: A 15-year-old was charged with Rape and Criminal Sexual Act, both in the first degree. He was tried in ...

Read More »

Insurance: Lattimore Road Surgicenter Inc. v. Merchants Group Inc.

Appellate Division, Fourth Department Insurance Water Exclusion Lattimore Road Surgicenter Inc. v. Merchants Group Inc. 41 Appealed from Supreme Court, Monroe County Background: The plaintiff seeks insurance coverage resulting from the rupture of a water main near its ambulatory surgical ...

Read More »