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Assigned counsel training planned by Fourth Department
The Appellate Division of state Supreme Court, Fourth Department, will conduct a full-day assigned counsel training seminar on March 31. To be eligible to receive assignments from the Fourth Department to […]
Fourth Department tosses Monroe County drug conviction
A New York appellate court has overturned a felony drug conviction because of an improper search. In March 2013, Kaazim F. Freeman pleaded guilty to third-degree criminal possession of a […]
Fourth Dept cites prosecutorial misconduct in overturning conviction
The Appellate Division of state Supreme Court, Fourth Department, overturned an Erie County Court criminal conviction because of prosecutorial misconduct and ineffective defense counsel. Glasco P. Rozier, 27, […]
Fourth Department orders hearing on defense claims
The case against an Oneida County woman convicted of trying to kill her husband could hinge on how many holes are in the shirts she was wearing. Jenise Haddad-Smith, […]
Fourth Department grants third trial in sexual abuse case
A Rochester man twice convicted of sexual assault will get a third trial because of how the judge handled the victim’s refusal to testify. Rayland L. Hicks, 32, was […]
John R. Parrinello’s federal court suspension extended to New York courts
Prominent Rochester attorney John R. Parrinello, who was suspended from federal courts for 180 days in January, is now also suspended in all courts. In a June 17 decision from […]
Fourth Department – Manslaughter: People v Williams
New York State Supreme Court, Appellate Division, Fourth Judicial Department Manslaughter Justification – Victim’s Reputation – Hearsay Statements People v. Williams KA 12-02100 Appealed from Supreme Court, Onondaga County Background: […]
Fourth Department – Slip and Fall: Wintermute v Vandemark Chemical
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and Fall Relevant Witness – Prejudice for Untimely Disclosure Wintermute v. Vandemark Chemical CA 15-00348 Appealed from Supreme Court, […]
Fourth Department – Negligence: Miller v Howard, et al
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Proximate Cause – Reasonable Inference from Surrounding Facts Miller v. Howard, et al. CA 15-00460 Appealed from Supreme Court, […]
Fourth Department – Hearsay: People v. Love
New York State Supreme Court, Appellate Division, Fourth Judicial Department Hearsay Excited Utterance – Atmosphere Surrounding Victim’s Statements People v. Love KA 11-01664 Appealed from Monroe County Court Background: The […]
Fourth Department – Accomplice Testimony: People v Pratcher
New York State Supreme Court, Appellate Division, Fourth Judicial Department Accomplice Testimony Sufficient Corroborating Evidence People v. Pratcher KA 14-00889 Appealed from Supreme Court, Erie County Background: The defendant appealed […]
Fourth Department – Youthful Offender: People v Minemier
New York State Supreme Court, Appellate Division, Fourth Judicial Department Youthful Offender Rational for Denial – Statements Reviewed by Sentencing Court People v. Minemier KA 12-00210 Appealed from Monroe County […]
Case Digests
- Fourth Department – Collateral estoppel: Busch v. County of Erie, et al.
- Court of Appeals – Best evidence rule: People v. Coggins
- Fourth Department – Unlawful inventory search: People v. Boatwright
- Second Circuit – Fossil-fuel powered appliances: Assoc. of Contracting Plumbers v. CNY; Mulhem Gas Co., v. Mosley
- Fourth Department – Dismissal of the indictment: People v. Anderson
- Fourth Department – Municipal liability: Battey v. Village of Youngstown
- Fourth Department – Notice of claim: Cindy W. v. Waterloo Central School Dist.
- Court of Appeals – Hateful Conduct Law: Volokh, et al. v. James
- Second Circuit – Free Exercise: Miller v. McDonald
- Court of Appeals – Recording police activity: Reyes v. City of New York
- Second Circuit – Tax liens and levies: Besicorp v. Commissioner of Internal Revenue
Law News
- Genesee Valley Club to pay $1.05M to settle federal case
- Major Rochester-area auto dealer accused of fraud in federal loan program
- Rochester attorney Donald O. Chesworth Jr. has died
- Split NY appeals court affirms conviction in kidnapping of daughter
- Greece man accused of stealing from class-action settlement funds
- NY AG investigating Schuyler County death involving DOCCS officer
- Rochester man files suit over ‘warning notice’ from ICE
- Lawsuit dismissed in Rochester police chase car crash
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