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 ...

Tagged with: Appellate Division Fourth Department sex offenses

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 ...

Tagged with: Appellate Division Fourth Department sex offenses

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 ...

Tagged with: Appellate Division Fourth Department sex offenses

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 ...

Tagged with: Appellate Division Fourth Department sex offenses

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 ...

Tagged with: New York State Court of Appeals sex offenders sex offenses

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 ...

Tagged with: Appellate Division effective assistance Fourth Department sex offenses