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Tag Archives: Supreme Court Appellate Division Fourth Department

Fourth Department reserves and remits case for decision on motion

The Fourth Department has sent a case back to Monroe County Court because of a motion that was never decided before the verdict was reached. In December 2011, Artamion J. Moore was convicted of second-degree murder, two counts of second-degree ...

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Conviction upheld in attempted murder of Rochester police officer

The Fourth Department has upheld the conviction of a man who shot at a Rochester police officer in 2006. George C. Herring, 42, was convicted in December 2007 of attempted aggravated murder, attempted aggravated assault upon a police officer or ...

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Fourth Department panel forces hearing on motion to withdraw guilty plea

An appeals court has sent a case back to Monroe County Court because the trial judge refused to let the defendant withdraw a guilty plea. Matthew V. Noce, 36, pleaded guilty in July 2012 to first-degree assault and was sentenced ...

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Fourth Department tosses case over improperly obtained evidence

The Appellate Division of state Supreme Court has upheld a lower court decision and dismissed charges against a Yates County man accused of sexual abuse. In April, Yates County Court Judge W. Patrick Falvey granted a defense motion to suppress ...

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Victor man gets new trial on jury selection issue

A Victor man convicted of first-degree sexual abuse will get a new trial because of an error in the jury selection process and a judge’s decision to exclude a defense witness. Todd M. Collins, 36, was convicted in December 2014 ...

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