About 150 appellate attorneys got a glimpse into the thinking of the Fourth Department justices Tuesday during a two-hour CLE at the Hyatt Regency Rochester. The 11 justices of the Appellate Division of state Supreme Court, Fourth Department, were peppered ...

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The Appellate Division of state Supreme Court, Fourth Department, has reserved decision in a murder case because of a problem with a Huntley hearing. Miles S. Mitchell, 27, was convicted in October 2013 of two counts of second-degree murder, attempted ...

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The Appellate Division of state Supreme Court, Fourth Department, reversed a contempt conviction and dismissed an indictment because a Sandoval hearing was held without the defendant in court. Donald J. Gardner was convicted in October 2012 of second-degree criminal contempt, ...

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Prosecutors need an explicit written waiver of a defendant’s right to a speedy trial if they want to claim delays are not their fault. The Appellate Division of state Supreme Court, in a decision released Oct. 7, reversed a conviction ...

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While the various parts of a much ballyhooed photonics institute are being assembled and may ultimately create thousands of new high-paying jobs in the Rochester area, one thorny issue continues to play out in the courts. It was first raised ...

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The Appellate Division, Fourth Department, could soon be the third appeals court in New York state to live stream oral arguments online. Gerald J. Whalen, presiding Justice of the Fourth Department, is considering live streaming of oral arguments. He is ...

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An appeals court has granted a new trial to a former Syracuse man who was convicted 18 months ago of murdering his estranged wife in 1985. Ronald Meadow, 62, was convicted of second-degree murder on Dec. 12, 2014, and sentenced ...

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A Jamaican man will get a hearing to argue why he should be allowed to withdraw his guilty plea because his lawyer misled him about the possibility of deportation, the Appellate Division, Fourth Department ruled. Garth O. Bennett pleaded guilty ...

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Nushawn Williams, the defendant in a case that was highly publicized in the 1990s because he had sex with several women and girls, knowing he was HIV-positive, has lost a bid to be released from civil confinement. Williams, 39, who ...

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An Onondaga County man will get a new trial because the jury heard a read back of the prosecutor’s closing argument, but not the defense lawyer’s. Tyrel Rivers, 33, who allegedly stabbed a woman in a chaotic brawl involving about ...

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A Niagara County man whose request to withdraw a guilty plea was denied may get a second chance, thanks to an appellate court ruling. Derrick L. Hall pleaded to the charges in 2013 in satisfaction of an indictment charging him ...

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An appeals court has vacated a guilty plea and dismissed the indictment against a Syracuse man who has already completed his sentence. Philip Finch pleaded guilty in August 2012 to third-degree criminal possession of a controlled substance in Onondaga County ...

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