Appellate Division, Fourth Department Search and Seizure Preservation People v. Howard KA 07-00413 Appealed from Monroe County Court Background: The defendant pleaded guilty to third-degree criminal possession of a weapon. On appeal he argued  the judge erred at a suppression ...

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Appellate Division, Fourth Department Interim Probation Revocation People v. Streeter KA 08-02382 Appealed from Niagara County Court Background: After pleading guilty to criminal contempt in the first degree, prior to sentencing the defendant initially was ordered to undergo “interim probation,” ...

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Appellate Division, Fourth Department Cross-examination Harmless Error People v. Gross KA 06-00043 Appealed from Supreme Court, Monroe County Background: In an appeal after a jury convicted the defendant of murder and other crimes, the defendant contended the trial judge erred ...

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Appellate Division, Fourth Department Right to Present a Defense Preservation of Error People v. Dorn KA 09-02156 Appealed from Oneida County Court Background: During a trial for grand larceny and conspiracy, the defendant testified but was barred from introducing letters ...

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The family of the late Hon. Reuben K. Davis on Thursday said a scholarship has been established in the former Appellate Division, Fourth Department justice’s name.

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Appellate Division, Fourth Department DWI Sentencing — Unduly Severe People v. Becker 69 Appealed from County Court, Livingston County Background: The appeal is from a judgment that convicted the defendant, upon a non-jury verdict, of driving while intoxicated as a ...

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Appellate Division, Fourth Department Pre-Arrest Lineup People v. Brown KA 08-01039 Appealed from Erie County Court Background: The defendant appealed his murder conviction, based in part on the identification procedure employed. Four years after a shooting, police remained unable to ...

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Appellate Division, Fourth Department Burglary Sufficiency of Evidence People v. Bergman KA 08-01368 Appealed from Oswego County Court Background: Convicted after trial of burglary and criminal mischief, the defendant contended the evidence was legally insufficient. Two entryway doors were broken ...

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Appellate Division, Fourth Department Prosecutorial Misconduct Restitution People v. Rivera KA 08-02137 Appealed from Jefferson County Court Background: The defendant appealed his conviction of second-degree arson, contending he was denied a fair trial. The prosecutor failed to correct a witness who ...

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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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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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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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