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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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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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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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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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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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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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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Appellate Division, Fourth Department Reckless Assault of a Child Weight of Evidence People v. Groth KA 09-01769 Appealed from Monroe County Court Background: The defendant was convicted after a jury trial of reckless assault of a child and assault in ...

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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 ...

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Appellate Division, Fourth Department Jury Selection ‘Batson’ Challenge People v. Newman KA 06-03665 Appealed from Supreme Court, Monroe County Background: The defendant was convicted after a jury trial of third-degree assault as a hate crime and and second-degree harassment. At ...

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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 ...

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Appellate Division, Fourth Department Sheriff’s Sale Inadequate Sale Price Brown Bark I LP v. Grant 96 Appealed from Supreme Court, Monroe County Background: The appeal is from an order which denied defendant’s motion seeking to vacate the Sheriff’s sale of ...

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