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Tag Archives: Fourth Department

Evidence: People v. Anzalone

Appellate Division, Fourth Department Evidence Video Reconstruction People v. Anzalone KA 09-01432 Appealed from Livingston county Court Background: The defendant was convicted of second-degree attempted arson after trial. On appeal, he challenged the use of a videotape reconstructing the incident. ...

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Evidence: Thompson v. Mather

Appellate Division, Fourth Department Evidence Videotaped Testimony Thompson v. Mather 1437 Appealed from Supreme Court, Oswego County Background: The plaintiff commenced a medical malpractice action, alleging the defendants deviated from the standard of care in providing obstetrical and gynecological treatment ...

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Criminal Mischief: People v. Butler

Appellate Division, Fourth Department Criminal Mischief Value of Property People v. Butler KA 07-02658 Appealed from Ontario County Court Background: The defendant was convicted of a felony, criminal mischief in the third degree, as well as other crimes for throwing ...

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Pleadings: Covanta Niagara LP v. Town of Amherst

Appellate Division, Fourth Department Pleadings Notice of Claim — ‘Res Judicata’ Covanta Niagara LP v. Town of Amherst 1483 Appealed from Supreme Court, Erie County Background: The plaintiff, a solid waste disposal company, seeks damages resulting from the defendant’s alleged breach ...

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Labor Law §240: Carrow v. Bogard

Appellate Division, Fourth Department Labor Law §240 Carrow v. Bogard 1618 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the Labor Law and common-law negligence action seeking damages for injuries he suffered while erecting trusses on a pole ...

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Grand Jury: People v. Jeffery  

Appellate Division, Fourth Department Grand Jury Reinstatement of Indictment People v. Jeffery KA 08-01836 Appealed from Monroe County Court Background: In a felony DWI indictment, the county court inspected the grand jury minutes and dismissed the indictment. The basis for ...

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Suppression of Statement: People v. Pollard

Appellate Division, Fourth Department Suppression of Statement Computer Voice Stress Analysis People v. Pollard KA 08-01270 Appealed from Supreme Court, Onondaga County Background: The defendant submitted to a computer voice stress analysis and later made inculpatory statements to the police. ...

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Unjust Conviction: Warney v. State

Appellate Division, Fourth Department Unjust Conviction Civil Damages Warney v. State CA 08-02261 Appealed from the Court of Claims Background: Douglas Warney was wrongfully convicted of murder and served years in prison. His conviction was vacated based on newly-found DNA ...

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