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Tag Archives: Fourth Department

‘Habeas Corpus’: People ex rel. McPherson v. Williams

Appellate Division, Fourth Department ‘Habeas Corpus’ Mootness People ex rel. McPherson v. Williams Appealed from Supreme Court, Seneca County KAH 09-00943 Background: An inmate brought a writ of habeas corpus, which was granted, releasing the inmate to parole supervision. During ...

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Sufficiency of the Evidence: People v. Carrasquillo

Appellate Division, Fourth Department Sufficiency of the Evidence Accomplice Corroboration People v. Carrasquillo KA 09-02116 Appealed from Supreme Court, Onondaga Court Background: Convicted at trial of first-degree attempted arson and second-degree conspiracy, the defendant argued on appeal that the evidence ...

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Guilty Plea: People v. Jones

Appellate Division, Fourth Department Guilty Plea Motion to Withdraw People v. Jones KA 07-01181 Appealed from Onondaga County Court Background: The defendant pleaded guilty during trial to second-degree assault and agreed to waive his right to appeal. Thereafter he moved ...

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Suppression: People v. Layou

Appellate Division, Fourth Department Suppression Chain of Custody People v. Layou KA 09-00389 Appealed from Oswego County Court Background: Convicted at trial of three misdemeanors, the defendant on appeal raised two issues. One was that the drugs found on his ...

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Effective Assistance: People v. Okongwu

Appellate Division, Fourth Department Effective Assistance Sex Offenses People v. Okongwu KA 08-00144 Appealed from Supreme Court, Erie County Background: The defendant was convicted along with a co-defendant of multiple sex offenses that allegedly occurred in 1991. The co-defendant’s federal ...

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‘Habeas Corpus’: People ex rel Taylor v. Corcoran

Appellate Division, Fourth Department ‘Habeas Corpus’ Calculation of Sentences People ex rel Taylor v. Corcoran Appealed from Supreme Court, Cayuga County Background: The defendant was convicted of felonies in 1993 and 1995. He brought a habeas corpus proceeding, contending his ...

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Eminent Domain: Matter of Syracuse University v. Project Orange Associates Services Corp.

Appellate Division, Fourth Department Eminent Domain Incidental Public Benefit Matter of Syracuse University v. Project Orange Associates Services Corp. 208 EDPL 207, Proceeding initiated in the Fourth Department Background: Syracuse University commenced this original proceeding pursuant to EDPL 207 seeking ...

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SORA RAI: People v. Green

Appellate Division, Fourth Department SORA RAI Drug or Alcohol Abuse People v. Green KA 08-01802 Appealed from Monroe County Court Background: The defendant was adjudicated a level two (moderate) risk under the Sex Offender Registration Act. He contended that adding ...

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Restitution: People v. McLean

Appellate Division, Fourth Department Restitution Delegation of Judicial Authority People v. McLean KA 08-01026 Appealed from Oswego County Court Background: The defendant was convicted after trial of second-degree arson, second-degree reckless endangerment and second-degree criminal mischief. One issue he raised ...

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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 ...

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