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Tag Archives: Fourth Department

Tampering conviction overturned

Appellate Division Fourth Department

A state appeals court has reversed a tampering with a witness conviction because the victim was not actually scheduled to testify at the time of the alleged incident. In April 2016, defendant Mark A. Diroma was convicted of third-degree tampering ...

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Lesser charge dismissed by appeals court

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The Fourth Department has dismissed an attempted second-degree murder conviction because the defendant also was convicted of attempted first-degree murder. Defendant Keith McDonald was convicted in September 2015 of attempted first-degree murder, attempted second-degree murder, attempted first-degree robbery, first-degree assault ...

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Appeals court orders resentencing

Appellate Division Fourth Department

The Fourth Department has ordered a man to be resentenced because he was not represented by an attorney at his original sentencing. On Jan. 8, 2010, state Supreme Court Justice Dennis M. Kehoe resentenced Reggie Caswell for his conviction on ...

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Appeals court orders resentencing

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A state appeals court has ordered a defendant to be resentenced because the judge did not explain the reasoning for the sentence. Defendant Eric L. Ruise pleaded guilty in September 2017 to attempted second-degree criminal possession of a weapon before ...

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Contempt conviction reduced

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A state appeals court has reduced a contempt conviction in Livingston County Court. In July 2014, defendant Brian T. Barrett was convicted in a bench trial before Livingston County Court Judge Robert B. Wiggins of two counts of first-degree criminal ...

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Contempt conviction reduced

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A state appeals court has reduced a contempt conviction for lack of evidence. Defendant Evan J. Crittenden was convicted of first-degree criminal contempt in March 2016 in a bench trial before state Supreme Court Justice Alex R. Renzi. In a ...

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Appeals court grants new trial

Appellate Division Fourth Department

A state appeals court has granted a new trial in an attempted murder case because of evidence that was improperly used by the prosecution. Joachim Sylvester was convicted in December 2015 of attempted second-degree murder and second-degree criminal possession of ...

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New trial granted in homicide case

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A state appeals court has overturned a homicide conviction in Ontario County and ordered a new trial. Jeffrey A. Salone Jr. was convicted in May 2019 of first-degree manslaughter. Salone was originally charged with second-degree murder and first-degree manslaughter. Salone ...

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Homicide conviction overturned

Appellate Division Fourth Department

A state appeals court has overturned a homicide conviction and dismissed the indictment. Defendant John E. Pinnock was convicted in July 2016 of first-degree criminally negligent homicide and third-degree assault in Ontario County Court. The charges are related to a ...

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