Appellate Division, Fourth Department Suppression of Evidence Huntley Hearing People v. McAvoy KA 07-00520 Appealed from Orleans County Court Background: Convicted after trial of several sex offenses, the defendant contended on appeal that his statements to the police should have ...

Tagged with: Appellate Division Fourth Department Suppression of Evidence

Appellate Division, Fourth Department Labor Law §240 Carrow v. Bogard 1618 Appealed from Supreme Court, Erie County Background: The plaintiff commenced the Labor Law and common-law negligence action seeking damages for injuries he suffered while erecting trusses on a pole ...

Tagged with: Appellate Division Fourth Department Labor Law

Appellate Division, Fourth Department Criminal Contempt Mistake of Law Defense  People v. Nuffer KA 09-01775 Appealed from Lewis County Court Background: A defendant was convicted after jury trial of second-degree criminal contempt for violating a family court order of protection, ...

Tagged with: Appellate Division criminal contempt Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department grand jury

The Appellate Division, Fourth Department last year established a partnership with World of Inquiry School 58 in an effort to promote volunteer work in the community.

Tagged with: Appellate Division Fourth Department

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. ...

Tagged with: Appellate Division Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department

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 ...

Tagged with: Appellate Division Fourth Department