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Rochester man sentenced for robbery spree
A Rochester man has been sentenced to seven years and eight months in federal prison for a series of robberies. Tayvon Rosier, 32, who was convicted of four counts of Hobbs Act robbery, committed a series of armed robberies at Rochester stores in February 2018, according to the U.S. Attorney’s Office. The crimes include: On […]
No charges for NYC court officer who fatally shot robber
NEW YORK — New York City prosecutors have declined to bring charges against a court officer who fatally shot a man trying to rob him at gunpoint outside a Dunkin’ Donuts earlier this year. Queens District Attorney Richard Brown says 50-year-old Ian Caine was justified in his use of deadly force in the September shooting […]
Convicted robber: Silence not indication of guilt
An Erie County man is seeking to have his 2013 conviction of robbing a Buffalo 7-Eleven store set aside because he claims a prosecutor said he must be guilty because he never said he was innocent. A panel of five Appellate Division justices heard arguments Tuesday in the Fourth Department in a case involving Shawn […]
Charge dropped for lack of plea questioning
A robbery charge against a Rochester man has been thrown out by the Appellate Division, Fourth Department, which ruled Friday the trial court judge should have asked more questions when the plea was being entered. The case of People v. Dukes (2014 NY Slip Op 06454) is being sent back to Supreme Court in Monroe […]
Court of Appeals — Robbery: People v. Smith
New York State Court of Appeals Robbery Forcible Theft Element — Impersonating a Police Officer People v. Smith No. 7 Memorandum Background: The defendant had impersonated a plain-clothes police officer and stole $200 from the victim after frisking him. The defendant was charged with robbery and criminal impersonation. The defendant appealed a finding that there […]
Church robbed while funeral underway
CHEEKTOWAGA — Authorities say they’re looking for two men who robbed a suburban Buffalo Catholic church during a funeral. Police in Cheektowaga tell local media outlets that two men wearing hazardous materials-type suits and dust masks forced their way into the rectory at St. Aloysius Gonzaga Church on Monday morning. Officials say one man was […]
Fourth Department — Robbery: People v. Dekenipp
Appellate Division, Fourth Department Robbery Consecutive Sentencing People v. Dekenipp KA 11-00085 Appealed from Ontario County Court Background: The defendant was convicted of three charges relating to stealing property from a department store while his children were present. While attempting to leave, the defendant floored his vehicle in reverse, damaging another vehicle and striking the [&he[...]
Fourth Department — Robbery: People v. Turner
Appellate Division, Fourth Department Robbery Surcharge on Restitution People v. Turner KA 07-00633 Appealed from Onondaga County Court Background: The defendant was convicted by a jury of several counts of robbery and grand larceny. On appeal, he contended, and the people conceded, that the court erred imposing a restitution surcharge of 10 percent. Ruling: Judgment […]
Robbery: People v. Johnson
Appellate Division, Fourth Department Robbery Verdict Sheet People v. Johnson KA 10-01095 Appealed from Supreme Court, Erie County Background: The defendant was convicted at jury trial of a single-count indictment, robbery in the first degree. In challenging the weight of the evidence, the defendant focused on identification: the store manager who identified the defendant at […]
Robbery: People v. Wright
Appellate Division, Fourth Department Robbery Inclusory Concurrent Count People v. Wright KA 09-00043 Appealed from Oneida County Court Background: The defendant was convicted of robbery first and second degree among other charges. On appeal one issue raised was that the conviction for second-degree robbery was an “inclusory concurrent count” of the first-degree charge. Ruling: Judgment [&hell[...]
Robbery: People v. Hammond
Appellate Division, Fourth Department Robbery Duress Defense People v. Hammond KA 09-01309 Appealed from Supreme Court, Erie County Background: Defendant was convicted of two counts of robbery as well as possession of stolen property. He contended on appeal that he proved duress, an affirmative defense, as a matter of law. Ruling: Conviction affirmed. Defendant preserved […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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