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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[...]
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 […]
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 […]
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 […]
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 […]
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[...]
Case Digests
- 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
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
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