Please ensure Javascript is enabled for purposes of website accessibility
Home (page 211)

Tag Archives: Fourth Department

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 ...

Read More »

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 ...

Read More »

‘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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 »