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sex offenses

Dec 29, 2014

Fourth Department – Sex Offenses: People v. Dukes

Appellate Division, Fourth Department – Sex Offenses – Duplicitousness   People v. Dukes  KA 12–01621 Appealed from Yates County Court   Background: After a jury trial, defendant was convicted of several sex offenses. One of the issues on appeal was whether the indictment was rendered duplicitous by the victim’s trial testimony.   Ruling: The victim testified [&hel[...]

Jul 25, 2013

Fourth Department — Sex Offenses: People v. Motzer

Appellate Division, Fourth Department Sex Offenses Consecutive Sentencing People v. Motzer KA 12-00838 Appealed from Wyoming County Court Background: The defendant was convicted after trial of several sex offenses. On appeal, he contended that he was punished for exercising his right to a jury trial, and that the sentence was harsh and excessive. Ruling: Sentences […]

Jan 4, 2012

Fourth Department — Sex Offenses: People v. Morrison

Appellate Division, Fourth Department Sex Offenses DNA Evidence People v. Morrison KA 09-00310 Appealed from Oneida County Court Background: The defendant, a certified nurse’s aide, was convicted of raping a 90-year-old nursing home resident. DNA evidence was introduced, which defendant challenged on appeal as violating his right to confrontation. This was a certified DNA report […]

Mar 1, 2011

Sex Offenses: People v. Halter

Appellate Division, Fourth Department Sex Offenses Rape Shield Law People v. Halter KA 07-00943 Appealed from Monroe County Court Background: The defendant was convicted of several felony sex offenses after a bench trial. On appeal he contended in part that the judge erred in excluding evidence under the Rape Shield Law. Ruling: The conviction is […]

Apr 8, 2010

Sex Offenders: People v. Pettigrew

New York State Court of Appeals Sex Offenders Use of Dangerous Instrument People v. Pettigrew No. 51 Appealed from the First Department Background: At issue before the court is whether the prosecution proved by clear and convincing evidence that the defendant was armed with a dangerous instrument for the purposes of classifying him a level […]

Mar 25, 2010

Effective Assistance: People v. Okongwu

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 habeas corpus petition based on ineffective assistance of counsel was granted in Eze v. Senkowski, [&hel[...]

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