Please ensure Javascript is enabled for purposes of website accessibility
Home (page 206)

Tag Archives: Fourth Department

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 ...

Read More »

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. ...

Read More »

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 ...

Read More »

Child Neglect: Matter of Cunntrel A.

Appellate Division, Fourth Department Child Neglect Educational Neglect-School Absence Rate Matter of Cunntrel A. CAF 09-00584 Appealed from Family Court, Onondaga County Background: The respondent father appeals from an order adjudicating two of his children to be neglected based on ...

Read More »

Appellate Procedure: Corgan v. The DiMarco Group, LLC

Appellate Division, Fourth Department Appellate Procedure Different Theories-New Issues Corgan v. The DiMarco Group, LLC CA 09-00964 Appealed from Supreme Court, Monroe County Background: Defendants appeal from a judgment rendered following a nonjury trial that awarded damages to plaintiff, a ...

Read More »

Sentencing: People v. Jorge N.T.

Appellate Division, Fourth Department Sentencing Youthful Offender People v. Jorge N.T. KA 08-00215 Appealed from Cattaraugus County Court Background: Defendant was adjudicated a youthful offender upon his guilty plea to arson and burglary, both third degree. On appeal he challenged ...

Read More »

Sexual Abuse: People v. Heil

Appellate Division, Fourth Department Sexual Abuse Hearsay People v. Heil 09-01057 Appealed from Supreme Court, Monroe County Background: A teacher was charged with and convicted of abusing a student in 2000. As criminal charges were not filed until more than ...

Read More »

Exculpatory Evidence: People v. Owens

Appellate Division, Fourth Department Exculpatory Evidence Rape Trauma Expert People v. Owens KA 07-00939 Appealed from Supreme Court, Onondaga County Background: Convicted of sex offenses, defendant on appeal contended that reversal was required because the prosecution failed to timely disclose ...

Read More »

Sufficiency of evidence: People v. Carr

Appellate Division, Fourth Department Sufficiency of evidence Attempted Murder People v. Carr KA 08-01145 Appealed from Supreme Court, Erie County Background: Defendant was convicted after jury trial of attempting to murder a person in a store. On appeal he challenged ...

Read More »

Superior Court Information: People v. Chiles

Appellate Division, Fourth Department Superior Court Information Sufficiency   People v. Chiles KA 08-02139 Appealed from Supreme Court, Erie County Background: Under Megan’s Law, upon release from imprisonment, a sex offender is directed to register his change of address. Failure ...

Read More »