An appellate court has tossed the weapon conviction of a Rochester man because of a lack of evidence. Vergil Willingham, 41, was convicted in October 2014 after a bench trial of second-degree criminal possession of a weapon by Monroe County ...

Tagged with: Supreme Court Appellate Division Fourth Department

An appellate court has dismissed a weapon conviction because the gun was found in an illegal police search. Defendant Marvin Roberts pleaded guilty to second-degree criminal possession of a weapon in December 2015 after Monroe County Court Judge Douglas A. ...

Tagged with: Supreme Court Appellate Division Fourth Department

The Appellate Division of state Supreme Court has granted a new trial in a burglary case because of faulty jury instructions. Kevin M. Downey, 34, was convicted of first-degree burglary in February 2016 and sentenced to up to 18 years ...

Tagged with: Supreme Court Appellate Division Fourth Department

The Appellate Division of state Supreme Court, in a 3-2 decision, has dismissed a murder conviction that was “against the weight of the evidence.” Preston Carter, 34, was convicted of second-degree murder in November 2012 for the death of Joel ...

Tagged with: Supreme Court Appellate Division Fourth Department

A Herkimer County man may have erroneously spent several years in state prison because the lawyers and judges involved overlooked a case of double jeopardy. The Appellate Division of state Supreme Court has sent the case of 32-year-old Charles Pace ...

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A new trial for a man once convicted of murder is set to start Dec. 11 in state Supreme Court. In March, the Appellate Division of state Supreme Court, Fourth Department, vacated the 2003 second-degree murder conviction of Rodney D. ...

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An appellate court has dismissed the indictment against a man convicted of third-degree criminally negligent homicide after he drove his car into a park, hitting two children, killing one. On May 9, 2011, James Bradley, 57, suffered a seizure and ...

Tagged with: Supreme Court Appellate Division Fourth Department

The Appellate Division of state Supreme Court has granted a new trial in a drug case because the judge refused to give the jury a circumstantial evidence instruction. Samuel Ayala, 43, was convicted in November 2014 of third-degree criminal possession ...

Tagged with: Supreme Court Appellate Division Fourth Department

Rather than choose one over the other, Frances E. Cafarell pursued her passion for both journalism and the law and achieved success in both. Cafarell retired Wednesday as clerk at the Appellate Division of state Supreme Court, Fourth Department. Her ...

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An appellate panel, in a split decision, has reversed the manslaughter conviction of a Niagara County woman who claimed she was acting in self-defense. Jennifer Marchant, 28, was convicted in March 2014 of first-degree manslaughter for the death of her ...

Tagged with: Supreme Court Appellate Division Fourth Department

The wife of a man seriously injured when he was hit by car during a 2009 air show may have run out of options in her bid to collect a $20 million settlement of a lawsuit she filed in the ...

Tagged with: Supreme Court Appellate Division Fourth Department

An appellate court has ordered a new suppression hearing in a stolen property case because the judge refused to grant an adjournment for the prosecution after two deputies failed to show up and the judge proceeded without them and ruled ...

Tagged with: Supreme Court Appellate Division Fourth Department warrantless search